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Friday, February 5, 2010

The Christmas Bomber-What is the Government Doing?


Eric Holder


I can only shake my head in wonder at what our government is doing with this guy who tried to blow up a plane on Christmas day as it approached Detroit. It leads one to wonder about that guy who is our current Attorney General, Eric Holder. Has he any clue?

Let's take it step by step (after the total fiasco that allowed this guy to even get on a plane in the first place). We now hear that in the first 50 minutes Umar Farouk Abdulmutallab was being questioned, he was singing like a bird. Then the word came from Washington to read him his Miranda rights, at which point he shut up.

Then DOJ decides that Abdulmutallab will be tried in a federal court. This of course, has stirred outrage. Not to worry says President Obama. We will all be satisfied when Abdulmuttallab is tried, convicted and executed, much like President Nixon declared that Charles Manson was guilty while the trial was still in progress. Not that this offends my sensibilities, mind you, but if you are going to try Abdulmutallab in civilian court, little faux pas' like that matter (Something about prejudicing a jury and interfering with his right to a free trial).

Now, apparently as a PR move, the government informs us that Abdulmutallab is cooperating again and talking to investigators. That's great, but my instincts as a retired DEA agent tell me that we shouldn't be privy to this news.

You see, we have a little principle about keeping these kinds of things under wraps. Granted, many defendants who cooperate with the government eventually have to testify against their co-conspirators as part of their cooperation, at which point the secrecy ends-actually earlier since defense attorneys have to be furnished with all evidence against their client prior to trial.

My question here is why DOJ is releasing the information that Abdulmutallab is talking-or was talking after his arrest. All that accomplishes is allowing his accomplices to hide. It also sends a message to future terrorists that if they should ever decide to cooperate, they will be disclosed by the US Government publicly.

Not smart. In fact, this is a violation of every principle of ensuring informant security that I was taught as a federal agent. Once a defendant decides to cooperate with the government, every effort must be made to protect that information until the point that it may come out in court.

What other reason was there to disclose this information other than to provide political cover for the government's action?

It is time for Eric Holder to resign, but God only knows who would follow him.

2 comments:

Findalis said...

I have a sneaky suspicion that this is all spin. Bet you Abdulmutallab isn't going to speak until he gets a deal.

And when has it ever been SOP to reveal this much info from any suspect?

Gary Fouse said...

It's all novel to me. Who knows, maybe they're putting a "snitch jacket" on him.