WASHINGTON -- On Wednesday, Nigerian would-be bomber Umar Farouk Abdulmutallab was indicted by a Michigan grand jury for attempted murder and sundry other criminal charges. The previous day, the State Department announced that his visa had been revoked. The system worked.
Well, it did for Abdulmutallab. What he lost in flying privileges he gained in Miranda rights. He was singing quite freely when seized after trying to bring down Northwest Flight 253 over Detroit. But the Obama administration decided to give him a lawyer and the right to remain silent. We are now forced to purchase information from this attempted terrorist in the coin of leniency. Absurdly, Abdulmutallab is now in control.
And this is no ordinary information. He was trained by al-Qaeda in Yemen, and just days after he was lawyered up and shut up, the U.S. was forced to close its embassy in Yemen because of active threats from the same people who had trained and sent Abdulmutallab.
This is nuts. Even if you wanted ultimately to try him as an ordinary criminal, he could have been detained in military custody -- and thus subject to military interrogation -- without prejudicing his ultimate disposition. After all, every Guantanamo detainee was first treated as an enemy combatant and presumably interrogated. But some (most notoriously Khalid Sheik Mohammed) are going to civilian trial. That determination can be made later.
John Brennan, President Obama's counterterrorism adviser, professes an inability to see any "downsides" to treating Abdulmutallab as an ordinary criminal -- with a right to remain silent -- a view with which 71 percent of likely voters sensibly disagree.
The administration likes to defend itself by invoking a Bush precedent: Wasn't the shoe bomber treated the same way?
Yes. And it was a mistake, but in the context of the time understandable. That context does not remotely exist today.
Richard Reid struck three months after 9/11. The current anti-terror apparatus was not in place. Remember: This was barely a month after President Bush authorized the creation of military commissions and before that system had been even set up. Moreover, the Pentagon at the time was preoccupied with the Afghan campaign that brought down the Taliban in two months. The last major Taliban city, Kandahar, fell just two weeks before Reid tried to ignite his shoe on an airplane.