Hugh Hewitt
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HH: Now you also mentioned something that not many people have noted, that is that then-CIA director, now Secretary of Defense Leon Panetta was given a memorandum that says the timing, operational decision making and control are in Admiral McRaven’s hands. The approval is provided on the risk profile presented to the President. Any additional risks are to be brought back to the President for his consideration. The direction is to go in and get bin Laden, and if he is not there, to get out. What do you make of the Panetta memo? What was its purpose?

MM: Well, that’s a responsibility avoidance mechanism. That says that unless you encounter only the precise matters described to the President, and notice they’re not set forth in the memo, all that’s set forth is essentially unless you encounter the precise conditions described to the President. And the fact is you can never, in any operation, anticipate what’s going to happen. Once you’re in there, things start to happen that you don’t anticipate. But it says that unless you go ahead only on that basis, you’ve got to come back and get permission. That’s a way of saying that well, I didn’t approve whatever danger was encountered later on that caused us to fail. It’s a way of shirking responsibility.

HH: Is it a CYA memo?

MM: You want a one word answer?

HH: Yes.

MM: Yes.

I asked Mukasey about his description of the president’s trip earlier in the interview as an “overreach”:

HH: [I]s it so transparent, and actually “overreaching,” first word you used in our conversation, that it may actually backfire on him, politically?

MM: Look, I can’t speak to who it’s going to work with. I know that people who are converts already will take it as his right. And people who are his opponents will automatically conclude that it’s something reprehensible. The question is about the people in the middle, and I think people in the middle have a sense of decency, and a sense of history, and can look back on leaders that we had, and understand that real leaders take less credit than they deserve, and more blame than they deserve. And this is not an example of that at all.

Ponder those words for a second. They are very, very tough, and they come from a man who is very serious about the war on terror. He is also uniquely positioned to speak to one other aspect of the mission to get bin Laden:

HH: Now in that room, the Situation Room, the famous photo appears alongside your Journal piece. Eric Holder isn’t there, the current Attorney General isn’t there. Did that surprise you when that photo first appeared?

MM: Yes, it did, and I commented to a number of people that his absence seemed to me to be remarkable.

HH: Why?

MM: Because when an operation like that is carried out, one of the key elements has to do with the legality of it. Crossing a border…I mean, understand, I think it was justified, and I think that there should have been, and perhaps was, consultation with people of the Justice Department, and that the Attorney General would be taken into the President’s confidence sufficiently to have been in that room.

The conversation with Mukasey underscores the disquiet the president has engendered among many people with key past roles in the war on terror.

It summarizes the distaste for the credit-grabbing, self-absorbed posturing of the president.

And it calls attention to the two strangest aspects of the entire episode –the CYA memo and Eric Holder’s absence from the Situation Room.

The president has miscalculated, again.

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Hugh Hewitt

Hugh Hewitt is host of a nationally syndicated radio talk show. Hugh Hewitt's new book is The War On The West.