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On
Christmas Day,
while many
Americans were
preparing to
exchange gifts
and enjoy
Christmas
dinner, Umar
Farouk
Abdulmutallab
was preparing to
attack America.
As Northwest
flight 253
approached
Detroit,
Abdulmutallab
left his row-19
window seat,
went to the
lavatory and
assembled a
bomb, the parts
of which he had
hidden in his
underwear before
boarding. After
he returned to
seat 19A, he
ignited the
device in an
attempt to bring
down the plane
and murder
hundreds
onboard.
We got lucky.
Despite
Abdulmutallab’s
planning and
training by
al-Qaeda
leadership in
Yemen, the
terrorist failed
in his attempt
to fully
detonate his
weapon and
explode the
plane. But he
did start a
fire.
Fortunately, it
was quickly
extinguished by
vigilant
passengers and
flight crew, who
also subdued the
perpetrator.
If
Abdulmutallab’s
attack had been
successful, he
would have
orchestrated the
worst terrorist
attack on
America since
September 11,
2001.
As troubled as I
am by the fact
that federal
intelligence
agencies failed
to recognize
Abdulmutallab as
a threat and the
fact that he was
able to smuggle
the device past
airport
screening, I
also am troubled
by the response
of the Obama
Administration.
Shortly after
the plane safely
landed, federal
law enforcement
officers took
the
al-Qaeda-trained
Abdulmutallab
into custody and
informed him
that he had the
right to remain
silent, which is
exactly what he
did. Then,
federal
prosecutors
brought charges
against him in
federal criminal
court.
Now, because of
the Obama
Administration’s
decision to
treat
Abdulmutallab’s
attack as a
crime and charge
him as a
criminal in
federal court
(FBI Director
Mueller
acknowledged
that “very
senior people in
the FBI had
input”), we lost
the opportunity
to interrogate
him in order to
seek life-saving
intelligence.
We will not
learn more about
al-Qaeda in the
Arabian
Peninsula (AQAP),
the terrorist
group claiming
responsibility
for the
Christmas Day
attack. We will
not learn where
and how he
obtained his
explosive device
and his
training. We
will not learn
from him what
other attacks
against America
are planned by
AQAP.
Instead of
arranging for
Abdulmutallab to
meet with our
most
well-trained
interrogators,
the Obama
Administration
arranged for
this terrorist
to meet with a
well-trained
lawyer.
Instead of
arranging for
Abdulmutallab to
meet with our
most
well-trained
interrogators,
the Obama
Administration
arranged for
this terrorist
to meet with a
well-trained
lawyer.
Even though
American lives
are at risk, the
Obama
Administration’s
decision sadly
is not all that
unexpected when
you consider the
Administration’s
apparent belief
that we can
defeat
international
terrorism in the
courtroom
instead of on
the
battlefield.
If we are going
to protect
Americans in our
international
war on terror,
Abdulmutallab
and his fellow
terrorists
should face
trial in
military
commissions, not
in civilian
courts.
Clearly and
tragically, the
Obama
Administration
sees things
differently. A
year ago, the
President
announced his
decision to
close Guantanamo
Bay without any
plan of how to
do so. In
November, he
made what I
believe to be
one of the worst
decisions by any
president when
he decided to
move Khalid
Sheik Mohammed,
the admitted
mastermind of
the 9/11
attacks, and
four
co-conspirators
from Guantanamo
to New York City
for trial in
civilian court.
This
ill-conceived
decision – made
without
consulting any
law enforcement
officials in New
York – will
launch judicial
proceedings that
will surely drag
on for years and
cost American
taxpayers
hundreds of
millions of
dollars. The
President’s
decision also
threatens to
expose highly
sensitive
sources and
methods used to
gather
intelligence,
creates a
platform for
spewing
anti-American
propaganda to
attract more
jihadists, and
could almost
stretch the NYPD
to its breaking
point.
If we are going
to protect
Americans in our
international
war on terror,
Abdulmutallab
and his fellow
terrorists
should face
trial in
military
commissions, not
in civilian
courts.
Transferring
terrorists to
lower Manhattan
creates an
enormous,
unnecessary risk
to the people
who already live
and work near
the federal
courthouse. The
director of the
Federal
Protective
Service --
charged with
protecting the
courthouse --
stated at a
recent Committee
on Homeland
Security hearing
that he does not
have the
resources to
properly secure
the facility
during the
trials while
performing its
normal duties.
It seems that
every month we
learn of a new
Obama
Administration
plan to try
terrorists in
civilian court.
In November, KSM
and the others
in New York; in
December,
Abdulmutallab in
Detroit; this
month, we see
reports that the
Bali nightclub
bomber, for
inexplicable
reasons, may
face trial in
downtown
Washington, DC.
The fact is that
trial in
civilian court
is unnecessary.
Last year,
Congress
established a
meticulous forum
-- per the
Military
Commissions Act
-- to try
terrorists
captured on the
battlefield as
enemy combatants
in military
commissions at
Guantanamo.
House
Republicans are
working to pass
legislation to
appropriately
direct the Obama
Administration
in dealing with
dangerous
terrorists and
keep them out of
civilian court.
For example, I
co-sponsored the
Keep Terrorists
Out of America
Act, a
common-sense
bill to prevent
terrorists from
being brought
onto our soil.
I have also
co-sponsored the
Terrorist
Detention and
Prosecution Act
to ensure the
President has
clear authority
to utilize
military
commissions to
try terrorist
captured in the
U.S.
The Christmas
Day attack was a
wake-up call for
many; my hope is
that it awakened
the Obama
Administration
to the need to
treat terrorists
as enemy
combatants, not
as defendants
with criminal
courts.
--###--
Peter King
represents the 3rd
District of New
York in the U.S.
House of
Representatives.
He is the
Ranking Member
of the Committee
on Homeland
Security.
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