No Miranda warnings needed: Sen Risch tutors DNI Blair and FBI Dir Mueller

Senator Jim Risch (R-ID) provided a tutorial on why Miranda warnings did not ever need to be provided to Flight 253 bomber Umar Farouk Abdulmuttalab. It took place on February 3, 2010, during testimony by Director of National Intelligence Dennis Blair and FBI Director Robert Mueller before the Senate Intelligence Committee:

Attorney General Eric Holder decided on Christmas Day to direct that Abdulmuttalab be read his rights. By doing so, he prevented the immediate gathering of further intelligence because Abdulmuttalab elected to remain silent and speak to a lawyer before answering further.

Not reading him Miranda warnings would not have effected the ability to convict Abdulmuttalab or prevented a sentence of life in prison. Yet that intelligence might not have been available for use as evidence in the federal prosecution of others involved, thus forcing their prosecution by Military Commission. The war paradigm — the imminent risk of possible attacks by Abdulmuttalab’s associates — should have taken priority. Instead, AG Holder placed a higher priority on his preferred legal option to prosecute those involved in federal court.

Eric Holder should resign; AG admits he ordered Abdulmuttalab tried in civilian court

AG Eric Holder said he knows we are at war during his November 18, 2009 testimony before the Senate Judicary Committee concerning his decision to prosecute Khalid Sheikh Mohammed and the other four 9/11 conspirators in federal court. Unfortunately, Mr. Holder does not walk that talk.

Attorney General Eric Holder says he made the decision to charge the Christmas Day terror suspect in the civilian system with no objection from all the other relevant departments of the government. In a letter to Senate Republican Leader Mitch McConnell, the attorney general says that the FBI told its partners in the intelligence community on Christmas Day and again the next day that Umar Farouk Abdulmutallab would be charged criminally.

Mr. Holder apparently misunderstands his oath of office:

‘I (name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.’

Nowhere within those words or our Constitution are the enemies of the United States afforded the rights of American citizens. It is reckless to unilaterally provide a fair fight to those waging war against our troops abroad and civilians here at home.

Mr. Holder should resign and President Obama should replace him with someone with no interest in defending the enemy’s “rights.”

Update: Stephen Hayes at The Weekly Standard blog has more on this in his Obama Vs. Holder post:

In an interview with 60 Minutes last spring, President Obama discussed the handling of captured terrorists and challenged those who claimed the “American system of justice was not up to the task of dealing with these terrorists.” Obama said: “I fundamentally disagree with that. Now — do these folks deserve Miranda rights? Do they deserve to be treated like a shoplifter — down the block? Of course not.”