Posted by
RME KRNL on Wednesday, January 06, 2010 3:42:12 AM
I read an article on POLITICO.com last week about Obama keeping a "low profile" and being mum about the latest thwarted terrorist attack by the Nigerian radical jihadist on Christmas Day.
My initial reaction was: Hey, Obama's on VACATION, folks! Give him a break. After all, this is only his THIRD vacation since taking office less than a year ago. Why, in less than a year in office, Obama has already played more golf and taken more time off than George W. Bush did in his whole first term in office. (Where are the liberal lamestream media who used to count any and every time George W. Bush went to either Camp David or Crawford, Texas, and just moan and wail and wring their hands about it?) Given that and how much time Obama spends in front of any available TV camera (daily), it's a wonder he has any time to spend in the Oval Office and get any real work done at all, even when he IS here and not off traveling around the world somewhere, bowing and apologizing for all of America's faults.
My second reaction was that this was just POLITICO.com, once again "explaining" for the president, i.e., trying to give cover for why Obama was slow out of the gate -- again -- when something bad happened. This reaction was sort of confirmed later, when White House Press Secretary Robert "frat boy" Gibbs lamely tried to claim that Obama didn't want to react too publicly, too quickly so as not to give too much publicity to the "incident" and therefore "credit" to its perpetrator(s). Pardon me, but what a crock!
Besides, we were reassured by Bobby Gibbs-erish and others of Team Obama that the prez was being kept "informed" and had directed this and that be "investigated," etc. (Well, I don't know about you, but I felt better right away.) Meanwhile, Team O got busy trying to figure out how this latest terrorist incident was just somehow more of Bush's fault. Plus, maybe Obama being in Hawaii was complicating getting what George Soros wanted him to say about this "incident" through to him -- although I'm sure George has Barry's Blackberry contact info, so, in all not-so-subtle sarcasm, but also in all fairness, maybe that wasn't it.
Obama being in Hawaii did not, however, prevent his Secretary of Homeland Security Janet "nitwit" Napolitano from saying on the following Sunday talk shows that "all systems worked smoothly." This not only caused the gaffe-prone Madame Secretary to have to backtrack on that Monday that what she actually meant was that all systems worked smoothly after the Christmas Day "incident" but what she had said on Sunday also went against what Rahm "run amok" Emanuel's White House henchmen had come up with about everything being Bush's fault again, which was that it was the systems he had put in place which failed to work. What an idiot! No, not Run Amok Rahm this time, but Nitwit Napolitano. She doesn't even pass Lenin's "useful idiot" test. How much are we paying her to "keep us safe," anyway? Never mind. Anything would be too much in her case.
But also, three more things about that. First, you people on "Team Obama" need to get your stories together. Either it was as Nitwit Napolitano first said, that the systems which Bush put in place worked smoothly, or it was, as the WH spin doctors tried to later claim, that the systems Bush had put in place failed to work. You (a) can not have any cake, or you (b) can have your cake but not eat it, but you (c) can't have your cake and eat it, too -- or, so I'm told. So, at least coordinate and try to get your stories straight, or at least not antithetical to each other.
Second, neither Nitwit Napolitano nor the White House henchmen even addressed the issues that (a) whether they were good systems or bad, you have to "work them" to maintain and maximize their effectiveness, or (b) if Bush's systems were so flawed, why hadn't Team Obama done something -- anything -- to improve them in the better part of the year that Team Obama's been in charge?
Third, what Napolitano initially said on Sunday and clarified she meant on Monday, that the systems worked smoothly but only after the incident occurred, was seemingly all too true -- you know, to expeditiously notify TSA and airlines to "reactively" step up measures to further inconvenience the American domestic flying public after the fact, to wit: nobody goes to the bathroom for the last hour of a flight (useful only if terrorist suicide bombers don't want to blow the plane up any earlier than that), no blankets or anything else in your laps on approach to landing (assuming that al-Qaeda operatives will be so hell-bent on making that particular explosives-in-your-underwear method work that they will try it again -- and probably soon -- duh!).
One wonders where was the emphasis on what happened before the "incident" -- you know, when the systems apparently didn't work quite so smoothly to prevent a foreign jihadist, who (a) was on one "watch list" but not on another, (b) whose own father had alerted the U.S. Embassy in Nigeria was radicalized and had spent time in Yemen, (c) who was evidently traveling without a passport, (d) who the U.S. issued a visa, although the Brits refused to give him one, and (e) who paid cash for a one-way ticket and boarded an international flight in Amsterdam without any luggage but with explosives concealed in his underwear.
Finally, three days after the incident, on Monday the 28th, our Ditherer-in-Chief -- oh, I'm sorry, that's just not fair, is it? -- I mean our Deliberator-in-Chief -- interrupted his Hawaiian holiday long enough to address the attempted terror attack on Christmas Day, saying: “We will not rest until we find all who were involved and hold them accountable.” He added: “The American people should be assured that we are doing everything in our power to make sure you and your family are secure during this holiday season.”
Well, I'm sorry, Mister Prez, but I don't think so. First, I don't think you're doing anything close to everything in your power to make sure we're safe, either during the holidays or generally. Second, I don't think you know what to do to keep us safe. And, third, I think your being (a) consistently slow out of the gate, (b) inappropriate in your remarks when you do finally make them, and (c) you, your AG and your DHS Secretary all treating each of three recent incidents as law enforcement type criminal acts, rather than wartime terrorist attacks, is just plain wrong-headed, as well as encouraging to our enemies.
Just consider:
June 1 - Little Rock, Arkansas - Abdulhakim Mujahid Muhammad, formerly known as Carlos Leon Bledsoe, is a black American Muslim who opened fire on a U.S. military recruiting office, killing one Army private and critically wounding another. He was arrested and is being held in a civilian confinement facility. He is currently under indictment on one count of capital murder and 15 counts of terrorist acts. In October, his lawyer requested additional time to prepare his defense. At some point prior to his attack, he had been detained in Yemen for having a fake Somali passport. That episode prompted a preliminary inquiry by the FBI and other American law enforcement agencies into whether he had ties to extremist groups, but that investigation was inconclusive, they said, leaving the FBI with insufficient evidence to wiretap his phone or put him under surveillance. (Uh, WHAT?! Hmmm, black American born Muslim, in Yemen (one of the poorest Muslim countries and where al-Qaeda is known to be very active), with a fake Somali passport (and we know Somalia is not only home to Black Hawk Down, ruthless warlords and no government to speak of, but also mainly exports terrorism and high seas piracy). What, do they think he was just over there in Yemen, with a fake passport, shopping? If I were a federal judge, I'd sign a wiretap and surveillance warrant for the FBI on that dude in a heartbeat. But then, the too-PC FBI probably never even pursued it and it's doubtful that Obama's Attorney General Eric "hold 'em til you fold 'em" Holder's Justice Department would exactly have pressed the FBI to do so, either.
November 5 - Killeen, Texas - Army major and psychiatrist Nidal Malik "AbduWali" Hasan, an American born Muslim of Palestinian descent, opened indiscriminate fire with a semi-automatic pistol on Fort Hood military installation, killing 13 of his fellow soldiers and civilians and wounding another 30. Connections to al-Qaeda were found through a radical Yemeni-American Northern Virginia Muslim imam, Anwar al-Awlaki (Anwar al-Aulaqi), who was suspected by the FBI of involvement in 9-11 and who subsequently went to Yemen and is now believed (hopefully) to have been recently killed there, along with other al-Qaeda operatives, by a Yemeni-U.S. air strike. Hasan, also wounded during his attack, was apprehended and, at last report, is paralyzed from his wounds and in military custody at Brooke Army Medical Center at Fort Hood. He has been charged with 13 counts of premeditated murder and 32 counts of attempted murder and presumably will be tried by military courts-martial.
December 25 - Detroit, Michigan - Nigerian Umar Farouk Abdulmutallab, a Muslim, attempted to detonate about 80 grams of a high explosive concealed in his underwear while on an aircraft enroute from Amsterdam to Detroit. During the incident, he ignited himself on fire, was extinguished by flight crew and overpowered by two passengers. The aircraft landed safely in Detroit with the only injuries reported to be the suspect himself and two others. He was arrested and charged with attempting to blow up an aircraft (doesn't sound too legal or technical to me) and is currently in civilian custody in the Burn Unit of a local hospital for treatment of burns to his legs. (I say give him some Bacitracin ointment and gauze bandages and be done with it, but that's just me.) After being taken into custody, he claimed the explosive and how to detonate it, as well as his task, had been given to him in Yemen by al-Qaeda operatives. And a Yemeni al-Qaeda group has since claimed responsibility, as well.
Now, in each of these cases, the liberal lamestream media and Team Obama have made a big point about "lone wolf," "isolated," "acting alone" perpetrators and cautioned against jumping to hasty conclusions (you know, like Obama did about the "stupid" arrest of his big mouthed, over-entitled black Harvard professor buddy by the near-perfect role model white police sergeant -- open mouth, insert foot).
But, let's see now, three "incidents" -- Muslim, Muslim, Muslim; Yemen, Yemen, Yemen; al-Qaeda, al-Qaeda, al-Qaeda. Hmmm. Although each perpetrator may have acted alone in carrying out, or trying to carry out, his actual attack, isn't that exactly what suicide-bomber-wannabe-martyr types do? But also could it be that -- oh, my gosh -- there's a "pattern" here?! You know, connect the dots? Something we weren't doing too well pre-9-11, but which Bush got us doing better, and which Obama and Holder and Napolitano, et al., now seem intent on having us do less well again?
Despite Team Obama apparently having an absolute gag reflex against even using the word "terrorist" and treating all three of these "incidents" like "isolated," criminal, law enforcement cases, instead of full-on, al-Qaeda influenced and/or assisted terrorist attacks, could it be that our enemies, al-Qaeda and the al-Qaeda type terrorist jihadists in Yemen, as well as many other places around the world, just don't care about, much less appreciate, our legalistic "nuances," except to exploit and use them against us, and, although we evidently are no longer waging a war ON terror against them, they are still waging their war OF terror against us and still want to kill us and destroy our way of life?
Obama, Holder and Napolitano, as well as every other liberal who's received the official liberal talking points memo on terrorism, make a lot of noise about THE RULE OF LAW. And they do this especially when pressed with logical arguments and questions about their rationale for such things as (a) calling acts of terrorism "man-caused disasters," (b) calling the war on terror "overseas contingency operations," (c) still rushing to close Guantanamo without any real plan to do so and despite circumstances surrounding whether to close it or not having changed, or (d) moving the trial of Khalid Shaikh Mohammad (KSM) and his terrorist cohorts from a Gitmo military tribunal, in which they had already agreed to be tried and to plead guilty in a trial which was imminent, to a New York City civilian court, where they have now claimed to be innocent, they have the rights of U.S. citizens, and there's no telling when that trial will start, much less how long it will drag out -- but however long it is, it will be free propaganda "advertising" for Islamist jihadist terrorists everywhere.
So, let's consider this whole RULE OF LAW misdirection ("because I really don't want to answer your probing questions") smoke screen -- for that's what it is. Applicable law in such cases derives from the U.S. Constitution, certain federal statutes and legal precedents, the Geneva Conventions of 1949, the Law of War (the Law of Land Warfare) and certain other international laws.
U.S. military tribunals are established based on the Constitutional grant to the president as the head of military authority. It is the primary responsibility of the president, as the commander-in-chief, to fulfill the expressed dictate of the Preamble of the Constitution - to protect and defend the citizens from foreign attack. It is this same conveyance of power that Washington, Lincoln and Roosevelt relied upon when they engaged in similar wartime actions. Tribunals are to be conducted pursuant to The Uniform Code of Military Justice, which was duly passed by Congress and is the same code which is applied to discipline our own military servicemembers.
An example of applicable legal precedent from the past took place in 1942. On June 13, 1942, four German agents were landed from submarine U-584 on Amagansett, Long Island, New York; and on June 17, 1942, four agents from U-202 were landed on Ponte Vedra Beach, south of Jacksonville, Florida. The eight Nazi saboteurs were tried in FDR-created military tribunals, all were convicted, six were executed, one received life imprisonment and one was given a 30-year sentence. And the Supreme Court unanimously upheld both the procedure and all of the convictions. President Truman subsequently granted executive clemency on condition of deportation to the two surviving agents who were deported to the American Zone of Germany in 1948.
Briefly speaking, the Geneva Conventions of 1949, the Law of War (the Law of Land Warfare) and certain other international laws, all taken together, are what spell out the categories of who are legitimate prisoners of war (POWs) -- generally captured uniformed and equipped military personnel of foreign governments -- and are therefore entitled to certain humane and legal "protections" pursuant thereunder.
Radical Islamist jihadists who are foreigners, captured on the battlefield (or anywhere else, for that matter), are NOT uniformed and equipped military personnel of any single, recognized foreign government and are therefore NOT entitled to the protections of, say, the Geneva Conventions as POWs. They are instead mere adherents to a radical movement or cause, do not represent any one, particular recognized foreign government and are not uniformed. An interesting note about the U-boat German saboteurs mentioned above is that at least some of them carried German uniforms with them expressly for the purpose that if they were captured, they would be treated and tried as legitimate enemy combatants and not as spies.
And, of course, foreigners have no "rights" under our Constitution, except those which our government officials may grant them, because they are not U.S. citizens. That's why the Gitmo detainees are "enemy combatants" and not POWs. And that's why they should be tried by military tribunals and not in our civilian federal court system.
As to Americans and treason, treason was specifically defined in the U.S. Constitution, the only crime so defined, primarily to avoid the abuses under English law by Henry VIII of executing almost anyone who criticized his repeated marriages. Article III, Section 3 delineates treason as follows:
"Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
"The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted."
Congress has also, at times, passed statutes creating related offenses which undermine the government or the national security, such as sedition (the 1798 Alien and Sedition Acts), or espionage and sedition (the 1917 Espionage Act), which do not require the testimony of two witnesses and have a much broader definition than Article III treason. For example, some well-known spies have been convicted of espionage rather than treason. The Constitution does not itself create the offense; it only restricts the definition (the first paragraph), permits Congress to create the offense, and restricts any punishment for treason to only the convicted persons themselves (the second paragraph). The crime is prohibited by legislation passed by Congress, e.g., the United States Code, at Title 18 USC, Section 2381, states "Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States."
So, in the case of "incident" number 3, the Nigerian foreigner, he has no rights under our Constitution, he is an enemy combatant and he should have been turned over to military authorities and detained at Gitmo, where he should have been questioned for whatever intelligence he could provide, rather than Mirandized, given a lawyer and held in civilian custody.
As to "incidents" numbers 1 and 2, Americans Muhammad (Bledsoe) and Hasan are also enemy combatants but as citizens do have rights under our Constitution. Muhammad should be tried in federal court and Hasan, as an Army major, should be tried by military courts-martial. However, where are the charges against them both for treason, in addition to whatever other charges have been brought? Added note: It personally would not bother me in the least if those accused of treason during wartime were also held in military custody and tried by military tribunals, but I'm not aware of any U.S. precedent for that.
All terrorists are criminals, because their acts of terrorism necessarily include criminal acts as lesser included offenses, but of course not all criminals are terrorists. That is to say, terrorists and criminals are not the same and should not be treated the same, as if they were somehow "interchangeable." Our president, attorney general and homeland security secretary need to distinguish between those who are mere criminals but not terrorists and those who are terrorists but who have also committed criminal acts. The former should be held and tried as criminals; the latter should be held and tried as terrorists, with American-bred, traitorous terrorists as the most insidious and worst among them.