McCarthy v. Holder et al

With the help of former CIA Director Gen. Michael Hayden, Andrew McCarthy explains the amazing buffoonery of the Obama Administration when it comes to protecting America from terrorists.

Right this minute, President Obama could designate Abdulmutallab an unlawful enemy combatant (or, as they now call it, an “unprivileged belligerent”) and proceed with his interrogation, unimpeded by a defense lawyer or Miranda restrictions. It is a power he has had every minute since Abdulmutallab’s capture five weeks ago. The case would still be there, and it would still be a slam-dunk, whether it were tried two, three, or five years from now. The only potential downside for the case is no downside at all: Prosecutors would not be able to use any statements he makes.

People can blame the attorney general, and there certainly is plenty for which he should answer. But Holder is a sideshow. These decisions are presidential decisions. The fact that Obama evidently delegates them to Holder does not change that. The policy of surrendering enemy combatants to the civilian-justice system and giving them all the rights of the American citizens whom they are trying to kill is an Obama policy being implemented by Holder; it’s not a Holder policy.