From the Powerline Blog:
Our friend Steve Hayes blows the whistle on a real scandal (as opposed to a faux
"scandal" like waterboarding): on orders of the Obama administration,
terrorists captured in Afghanistan are now being given Miranda warnings:
[T]he Obama Justice Department has quietly ordered FBI agents to read
Miranda rights to high value detainees captured and held at U.S.
detention facilities in Afghanistan, according a senior Republican on
the House Intelligence Committee. "The administration has decided to
change the focus to law enforcement. Here's the problem. You have
foreign fighters who are targeting US troops today -- foreign fighters
who go to another country to kill Americans. We capture them and
they're reading them their rights -- Mirandizing these foreign
fighters," says Representative Mike Rogers, who recently met with
military, intelligence and law enforcement officials on a fact-finding
trip to Afghanistan.
Rogers, a former FBI special agent and U.S. Army officer, says the
Obama administration has not briefed Congress on the new policy.
Think back to the days after September 11, 2001, and imagine how
pretty much anyone would have reacted to the suggestion that terrorists
captured overseas should be "arrested" and read their "rights." Those
days, obviously, are long gone.
You may wonder what on earth the point is. Evidently, the idea is
that we may want to prosecute these terrorists someday in American
courts. If you have wondered, like me, why we are talking about
criminal prosecutions in the U.S. when a terrorist tries to blow up
American soldiers in Afghanistan, it turns out that Congress has passed
anti-terrorism statutes that purport to reach overseas, so that someone
who commits a terrorist act against an American soldier can, indeed, be
brought back to the U.S. and prosecuted.
Of course, if the terrorists are under the jurisdiction of American
courts with criminal prosecution as the aim, their rights do not stop
with Miranda warnings. On the contrary: among other things, they are
entitled to the assistance of counsel. So I suppose we should start
shipping planeloads of criminal defense lawyers to Afghanistan to make
sure that the terrorists' "rights" are fully protected.
But why would we even consider criminal prosecution for captured
terrorists? In what war have we ever brought enemy
combatants--legitimate ones, let alone terrorists--back to America to
be criminally prosecuted? None, obviously.
All of this is emblematic of the Obama administration's return to a
law enforcement model for fighting terrorism--the same model that
failed so spectacularly in the years leading up to September 11. The
best we can all do, for now, is hope that history does not repeat
itself.
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