Giuliani Wrong on How to Prosecute Terrorists, Again
Posted by Adam Blickstein
Last night on Larry King Live, Rudy Giuliani spewed half-truths and falsehoods on how America should detain and prosecute terrorists, proving again why he in no way should be considered an expert on how to protect Americans:
Well, I don't think it's really a question of trying him so much as the opportunity that was lost. I think the president made a very big mistake in not making him an enemy combatant because the minute you make him a criminal justice defendant, you cut off the ability to really question him. In fact, as far as I know, I don't know the inside story here, he went talking until he went out and got him a lawyer, cut him off from talking.
You want to talk to this guy for about a month. You want to keep him an enemy combatant for about a month or two to get all the intelligence he is willing to give you because that intelligence could be about other possible attacks on the United States.
Besides the fact that Abdulmutallab provided "useable, actionable intelligence” upon initial interrogation, which occurred at the hands of FBI agents without reading him Miranda rights and without having a lawyer present, Giuliani is simply wrong about the notion and utility of naming someone an enemy combatant. As the inimitable Mike Isikoff asserts below, we actually haven't named anyone arrested in America an enemy combatant since June of 2003. Since then both the Bush and Obama administrations have detained and prosecuted terrorists arrested in America using the U.S. criminal justice system. This has resulted in the successful prosecution of several hundred terrorists. Using Giuliani's preferred enemy combatant, military tribunal system found at Guantanamo Bay? We have only had three successful prosecutions since 9/11. But Giuliani prefers beating his chest to actually bringing terrorists to justice.
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Giuliani was for the civilian prosecutions of accused terrorists before he was against them...
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