Tim Sumner

AG Eric Holder defends the wrong ‘kids’

Eric Holder alleges that American lawyers are “patriots” if they defend terrorists, to include those who murdered the eight children pictured above — the eight kids that al Qaeda murdered on 9/11. He asserts those lawyers should not have “their reputations dragged through the mud.”

Andy McCarthy took issue Friday with Wednesday’s testimony by Eric Holder before the Senate Judiciary Committee:

So now we know why the self-proclaimed “most transparent administration in American history” continues to stonewall rather than reveal the official responsibilities of Justice Department lawyers who volunteered their services to America’s enemies during wartime. Like any good Democrat, Eric Holder says he is doing it for the children.

The attorney general bristled during Senate testimony on Wednesday that he was “not going to allow these kids” to have their reputations dragged “through the mud.” The “kids” coddled in this touching paternal display include 45-year-old Tony West, who now supervises hundreds of lawyers as chief of DOJ’s Civil Division. It’s been 17 years since Tony the Kid first served as an influential official in the Clinton Justice Department. From there, he went on to nine-year stint as a hot-shot partner at a prestigious San Francisco law firm — in his spare time running both Barack Obama’s lavish presidential campaign in California and the defense of John Walker Lindh, the “American Taliban” convicted on terrorism charges after making war on his country.

They grow up so quickly, don’t they? Kids like 40-year-old Neal Katyal, the current deputy solicitor general who, as Byron York observes, was a Georgetown law professor when he volunteered to represent Salim Hamdan, Osama bin Laden’s personal driver and bodyguard, who was apprehended transporting missiles in Afghanistan.

Then there’s precocious 38-year-old Jennifer Daskal. Over Holder’s dead body will anyone drag her reputation through the mud, insinuating that she spent her pre-DOJ years cheerleading for terrorists and running down her country when, in point of fact, Daskal spent her pre-DOJ years … cheerleading for terrorists and running down her country.

Yet McCarthy also pointed out the failure to press Holder:

Republicans sat mum as their Democratic counterparts lauded the Gitmo Bar for its “courage” and falsely accused critics of claiming that lawyers who flocked to al-Qaeda’s service are “disqualified” from future government service. Mightn’t one GOP senator have pointed out that critics are simply demanding the transparency and accountability that President Obama and his attorney general promised? They certainly seemed to have reservoirs of indignation when Al Gonzales was attorney general. … READ THE REST

Why is Holder hiding the “kids” at the Justice Department? Could it be that they themselves damaged their own reputations by the manner they so “bravely” and willingly defended America’s enemies?

Debra Burlingame and Thomas Joscelyn recently wrote in The Weekly Standard of Daskal’s “heroics”:

On November 2, 2005, Dana Priest of the Washington Post reported that the “CIA has been hiding and interrogating some of its most important al Qaeda captives at a Soviet-era compound in Eastern Europe.” The Post, citing the government’s security concerns, did not name the countries where the facilities were located. But just a few days later, on November 6, 2005, Human Rights Watch revealed the countries in a posting on its website. The organization said it had “collected information that CIA airplanes traveling from Afghanistan in 2003 and 2004 made direct flights to remote airfields in Poland and Romania.” The organization encouraged European officials to investigate further, and the Europeans did just that.

In May 2006, the European parliament sent a delegation to Washington to discuss the CIA’s secret detention and interrogation program with various interested parties. The delegation met with Human Rights Watch on May 10. Here is how a document produced by the European parliament describes the meeting:

The delegation met with John SIFTON (Counterterrorism Researcher) and Jennifer DASKAL (US Advocacy Director) who provided the delegation with circumstantial evidence linking Poland and Romania to secret CIA prisons, including flight records, statements by Polish and Romanian government officials, as well as precise details of specific planes used by the CIA. Both recognized that they do not have formal evidence of these allegations, but stressed the indications of these facts were actually very strong. Their information was that there had been detainees in CIA custody well before the Guantánamo Bay detention center had been established.

Although the Europeans listed Daskal’s colleague, John Sifton, as a “counterterrorism researcher,” he was really researching the CIA—not the terrorists. In The Guantánamo Lawyers, a collection of short, sentimental memoirs written by dozens of lawyers, who sanitized their clients’ histories and glorified their work on behalf of war on terror detainees, Sifton offered an intriguing account of how Human Rights Watch assisted in uncovering details of the CIA’s operations.

“Throughout the years after 2001, journalists, human rights investigators, and lawyers managed to obtain a surprising amount of information about U.S. detention and interrogation operations,” Sifton wrote. He elaborated (emphasis added):

Amnesty International, Human Rights Watch, and the [New York] Times found and interviewed former CIA detainees. FOIA litigation by the Associated Press, the ACLU, and the Center for Constitutional Rights produced information about former CIA detainees at Guantánamo—lower-level prisoners who had been kept short-term in CIA detention. Every piece of the story seemed to come from a different source. .?.?.

Lawyers and human rights groups worked together, sharing “intelligence” to uncover what intelligence agencies were doing with detainees. When I was working at Human Rights Watch, I managed to piece together a good deal of information about the CIA’s detention facilities in Afghanistan by collecting accounts from former CIA detainees at Guantánamo, mostly from notes provided by habeas attorneys. I called and met with numerous Guantánamo attorneys to inquire whether their clients had been in CIA custody. In several instances, attorneys I reached were not aware that their clients had been in CIA custody until I explained that their clients’ own accounts matched those of other CIA detainees. In one notable example, I spoke with one of the editors of this book, Mark Denbeaux, after I came to suspect his client had been in a secret site in Afghanistan—the detainee had described one of his earlier places of detention in ways that closely matched other detainees’ descriptions of a CIA site in Afghanistan. The next time Mark went to Guantánamo, he confirmed this previously secret fact with the detainee.

Human Rights Watch published Sifton’s investigation of the CIA’s detention facilities in Afghanistan in a February 2007 report entitled “Ghost Prisoner.” The report draws on graphic descriptions offered by former detainees. That same report was “reviewed and edited” by Jennifer Daskal.

The America people have a right to know whether “heroes” and “patriots,” like Jennifer Daskal, are involved in formulating the detention policy of the United States and decisions on where and whether to prosecute war criminals. Eric Holder ought to disclose the information about the “kids” for the real children, the ones al Qaeda has already murdered, as well as those they are still trying to kill.

Name the LPD 26 the USS Michael A. Monsoor

The USS New York, USS Somerset, and the USS Arlington are San Antonio Class amphibious transport-dock ships and each was named to honor the heroes and victims of the 9/11 attacks upon our Nation. Yet a Washington Times editorial this morning points out (and strongly takes issue with) the decision by Navy Secretary Ray Mabus to name the Navy’s newest ship from that class, the LPD 26, the USS John P. Murtha:

“This is a slap in the face to every service member who bridled when Murtha publicly accused Marines in Iraq of intentionally killing women and children in cold blood. … The USNS Benavidez is named for Army Master Sgt. Roy P. Benavidez, who, wounded and under heavy assault, saved the lives of eight men at Loc Ninh in South Vietnam in 1968. He was awarded the Medal of Honor. Likewise the USNS 1st Lt. Harry L. Martin, which is named for a Marine who was mortally wounded on Iwo Jima while leading his men in a counterattack against a massed Japanese suicide charge. The USNS Shughart is named after Sgt. 1st Class Randy Shughart, killed at the Battle of Mogadishu in 1993. These are the types of veterans who should be given such an honor, not a political hack whose most successful defensive maneuver was saving his pork-laden earmarks from surprise attacks of fiscal responsibility.”

Secretary Mabus should instead name the LPD 26 the USS Michael A. Monsoor:

Master-at-Arms 2nd Class (SEAL) Michael A. Monsoor

United States Navy Congressional Medal of Honor citation:

The President of the United States, in the name of the Congress, takes pride in presenting the Medal of Honor, posthumously, to Master At Arms Second Class, Sea, Air and Land, Michael A. Monsoor, United States Navy. For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty while serving as Automatic Weapons Gunner for Naval Special Warfare Task Group Arabian Peninsula, in support of Operation IRAQI FREEDOM on 29 September 2006.

As a member of a combined SEAL and Iraqi Army sniper overwatch element, tasked with providing early warning and stand-off protection from a rooftop in an insurgent-held sector of Ar Ramadi, Iraq, Petty Officer Monsoor distinguished himself by his exceptional bravery in the face of grave danger. In the early morning, insurgents prepared to execute a coordinated attack by reconnoitering the area around the element’s position. Element snipers thwarted the enemy’s initial attempt by eliminating two insurgents. The enemy continued to assault the element, engaging them with a rocket-propelled grenade and small arms fire. As enemy activity increased, Petty Officer Monsoor took position with his machine gun between two teammates on an outcropping of the roof. While the SEALs vigilantly watched for enemy activity, an insurgent threw a hand grenade from an unseen location, which bounced off Petty Officer Monsoor’s chest and landed in front of him. Although only he could have escaped the blast, Petty Officer Monsoor chose instead to protect his teammates. Instantly and without regard for his own safety, he threw himself onto the grenade to absorb the force of the explosion with his body, saving the lives of his two teammates. By his undaunted courage, fighting spirit, and unwavering devotion to duty in the face of certain death, Petty Officer Monsoor gallantly gave his life for his country, thereby reflecting great credit upon himself and upholding the highest traditions of the United States Naval Service.