Morning Bell: When Did the American People Elect Eric Holder Commander in Chief?

Conn Carroll /

Following weeks of strong bipartisan criticism of their handling of terror trials and detainees, Attorney General Eric Holder released a letter yesterday defending the Obama administration’s criminal justice system approach to prosecuting the war against al-Qaeda. Defending his administration’s handling of the Flight 253 terrorist, Holder wrote: “I made the decision to charge Mr. Abdulmutallab with federal crimes, and to seek his detention in connection with those charges, wtih the knowledge of, and with no objection from, all other relevant departments of the government.”

First, this statement directly contradicts the sworn Congressional testimony of Director of National Intelligence Adm. Dennis Blair who, when asked by Sen. Susan Collins (R-ME) under oath if he had been consulted about how Abdulmutallab should have been interrogated, responded: “I was not consulted.” Under intense political pressure from the White House, Blair has since said his remarks were “misconstrued.” But his politically-pressured retraction was not made under oath. His initial statement was. At the very minimum, Congress must demand that both Holder and Blair testify under oath to settle this contradiction.

But more importantly, both the personal pronouns and the underlying substance of Holder’s letter speaks volumes about this administration’s approach to protecting the American people. Holder wrote yesterday: “Neither advising Abdulmutallab of his Miranda rights nor granting him access to counsel prevents us from obtaining intelligence from him. On the contrary, history shows that the federal justice system is an extremely effective tool for gathering intelligence.” Holder appears to be arguing that reading suspects their Miranda rights is a great way to get them to talk. But as American University law professor Kenneth Anderson notes: “The point of offering suspects the Miranda warning and associated rights is not in order to persuade them to talk, but in order to make sure they know they don’t have to and, if they have much in the way of brains, won’t.” (more…)