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Conservatives Outraged Over Prosecution Of Terror Suspect In Criminal Court

A decidedly unremarkable event by past standards occurred yesterday. The U.S. government brought criminal terrorism charges in a New York City courtroom against a Somali man captured in the Gulf of Aden. This is the first prosecution in criminal court to happen during the Obama administration, but such cases have been a common and extremely successful feature of U.S. policy that passed without notice for decades. This move, however, has provoked the now-typical reaction from conservatives who reflexively oppose every Obama administration action as a radical departure from U.S. norms that threatens the security of the nation. That’s ridiculous, and these conservatives risk U.S. security by pushing to remove a very powerful weapon against terrorists.

Ahmed Abdulkadir Warsame was reportedly seized in April onboard a ship in the Gulf of Aden between Somalia and Yemen. He is charged with conspiracy and providing material support to terrorist groups—in this case the Somali-based al-Shabaab and the Yemeni-based Al Qaeda in the Arabian Peninsula, or AQAP.

The Obama administration revealed that Warsame was held on a U.S. Navy ship for two months and interrogated by the High-Value Interrogation Group, the team drawn from numerous frontline U.S. government agencies established by the Obama administration specifically to question suspected high-ranking terrorists. This produced significant information outlining a deeper connection between al-Shabaab and AQAP than previously known. U.S. officials reportedly discussed all options for Warsame’s future and unanimously decided on criminal prosecution.

Warsame’s trial in New York City is like many previous instances when individuals were seized abroad and brought to the United States to face terrorism charges in criminal court. The most recent similar case dates from the Bush administration, when Afia Siddique was detained in Afghanistan by U.S. troops in 2008 for attempting to shoot U.S. military personnel. She was quickly brought to New York,  convicted, and sentenced to 86 years in prison. During the Clinton administration, Mir Aimal Kasi stood outside CIA headquarters in Virginia in 1995 and murdered two CIA employees as they drove into work. He was captured in Pakistan in 1997 and brought to Virginia for trial, convicted of murder, and executed in 2002.

Neither of these cases or the others like them produced negative responses from conservatives. Once the Obama administration did it, however, conservatives were outraged.

Rep. Buck McKeon (R-CA), chairman of the House Armed Services Committee, said that “Congress has spoken clearly multiple times … of the perils of bringing terrorists onto U.S. soil.”

What perils? There has never been a terrorist attack related to the trial or incarceration of terrorists in the United States.

Sen. Susan Collins (R-ME) said, “A foreign national who fought on behalf of al Shabaab in Somali—and who was captured by our military overseas—should be tried in a military commission, not a federal civilian court in New York or anywhere else in our country.”

Forcing all prosecutions of suspected terrorists into military commissions has political appeal because it sounds tougher than using criminal courts. But let’s look closer at that military commission option.

First off, Warsame has been charged only with conspiracy and military support for terrorism. Those offenses are available in military commissions but neither has ever been considered a war crime. For that reason, the Department of Justice believes that convictions on those offenses in military commissions are susceptible to being overturned on appeal.

Further, the extremely short record of military-commissions cases based on conspiracy or material support reveals that those convicted receive short sentences and are quickly transferred back to their home countries and released. The most famous of these cases was that of Salim Hamdan, Osama bin Laden’s driver, who was sentenced to only five additional months in custody. The Bush administration sent him home to Yemen soon after.

U.S. criminal courts, on the other hand, have an excellent record at convicting terrorists. In a case analogous to Hamdan’s, Ali Asad Chandia was convicted in 2006 of providing material support for terrorism for driving a member of Lashkar-e-Taibi from Washington National Airport to spots around the D.C. area. His sentence was 15 years. So bin Laden’s driver got five months from a military commission but driving an unknown member of a lesser-known terrorist group resulted in a 15-year sentence in a criminal court.

Since the 9/11 attacks, U.S. criminal courts have locked up more than 200 individuals on terrorism charges while military-commissions convictions can be counted on one hand.

American presidents of both parties have relied on criminal courts for decades because they are extremely effective at convicting suspected terrorists and have an excellent record of producing reliable and actionable intelligence information. Today’s conservatives are trying to deny the U.S. government this valuable tool because they are more interested in using political weapons against President Barack Obama than counterterrorism weapons against America’s enemies.

 

By: Ken Gude, Managing Director of the National Security and International Policy Program, Center for American Progress, July 6, 2011

July 6, 2011 Posted by | 911, Congress, Conservatives, Foreign Policy, GOP, Government, Ideologues, Ideology, Justice Department, National Security, Neo-Cons, Politics, President Obama, Republicans, Right Wing, Terrorism | , , , , , , , , , , , | 1 Comment

Former Attorney General Mukasey Lobbies For U.S. Chamber To Gut Foreign Bribery Law

Bush’s attorney general (not Gonzales, the much less incompetent but equally malevolent) Michael Mukasey has a new gig in which to ply his talents: making it easier for corporations to bribe foreign governments. The Foreign Corrupt Practices Act (FPCA) is intended to stop U.S.-based multinational corporations from bribing foreign governments. Unlike the previous administration’s Department of Justice, under Mukasey, the Obama DOJ is enforcing the law.

Under Obama, the department collected more than $1 billion in fines during fiscal year 2010, the most the government has collected in the law’s 38-year history, and more than ten times the $87 million collected in 2007 by the Bush Administration.

The U.S. Chamber can’t have that, so of course, they’ve hired Mukasey to lobby Congress to amend the law.

Debevoise & Plimpton, where Mukasey is a partner, filed lobbying registration papers on his behalf this month, according to Senate records. The registration is for the Chamber’s Institute for Legal Reform and is effective back to March 3. It covers possible FCPA amendments and other issues “related to criminal law and policies affecting U.S. corporations.”The Chamber has become increasingly critical of the FCPA in recent months. It argues that the law, which allows the U.S. government to seek charges against corporations and individuals for bribes paid to local officials in other countries, is not working well and could be making U.S. companies less competitive.

In October, the Chamber released a policy paper proposing several specific changes to the law. The ideas included adding a “compliance defense,” so that a company could not be held criminally liable when an employee circumvents reasonable internal procedures….

When the Chamber released its proposals, Mukasey attended its annual legal summit and moderated a panel discussion on the FCPA. He noted the sharp rise in the Justice Department’s enforcement of the law during the past decade. “The expansion in prosecutions and investigations of course has brought a great deal of anxiety to companies in the United States,” he said, according to video of the panel.

See, the law “is not working well” when it is actaully enforced, that’s the message from Bush’s attorney general. That’s no great shock, given the Bush administration’s attitude toward the rule of law, but still pretty ironic. From an actual rule of law standpoint, the law seems to be working pretty well as enfroced. But the U.S. Chamber, and Mukasey, certainly can’t have that.

By: Joan McCarter, Daily Kos, March 18, 2011

March 19, 2011 Posted by | Congress, Corporations, DOJ, Foreign Governments, Ideologues, Lobbyists, Politics, U.S. Chamber of Commerce | , , , , , , , , | Leave a comment

   

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