Captured terror suspect interrogated on ship

NY Times:

A Somali man accused of ties to two Islamist militant groups was captured by the American military in April and interrogated for months aboard a navy ship without being warned of his Miranda rights to remain silent and have a lawyer. On Tuesday, the Obama administration announced that the man has been flown to New York City to face prosecution before a civilian court.

In an indictment unsealed in the Southern District of New York, Ahmed Abdulkadir Warsame was charged with nine counts related to accusations that he provided support to the Somalia-based Al Shabaab and the Yemen-based Al Qaeda in the Arabian Peninsula. Mr. Warsame was captured on April 19, and a plane carrying him arrived in New York City around midnight Monday night, officials said.

While the Justice Department called Mr. Warsame an “Al Shabaab leader,” it also noted that he is in his “mid-twenties” and does not accuse him of plotting any particular attack. Still, his case is likely to have outsized significance in the political arena because it resonates with intense debates surrounding the administration’s counter-terrorism policies – including whether to bring newly captured detainees to the military prison at Guantanamo Bay, Cuba; whether to prosecute terrorism cases in civilian court or before a military commission; and the rights of terrorism suspects during interrogation.

The House of Representatives has already passed a bill that likely would prohibit the transfer of such military detainees into the United States – though the administration opposes such a restriction. In a statement, the chairman of the House Armed Services Committee, Rep. Howard P. “Buck” McKeon, Republican of California, denounced the decision.

“The transfer of this terrorist detainee directly contradicts Congressional intent and the will of the American people,” he said. “Congress has spoken clearly multiple times – including explicitly in pending legislation – of the perils of bringing terrorists onto U.S. soil. It is unacceptable that the administration notified Congress only after it unilaterally transferred this detainee to New York City despite multiple requests for consultation.”

But administration officials said that civilian court was a better fit for Mr. Warsame. They cited the civilian systems’ broader jurisdiction and the lack of any legal doubt over whether the central charges against him – providing material support to terrorism – is a valid legal charge. Another official said that it would have been necessary to submit as evidence more highly classified intelligence if the administration had tried to establish jurisdiction before the tribunal.

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I am not buying the excuse about the military commissions being a more difficult forum. One of the complaints about the commissions has been that they were not difficult enough.

On the question of whether he was entitled to a Miranda warning, I think the terrorism cases have come down on the side of a warning not being necessary. I do not believe that illegal combatants are entitled to warnings or a trial in federal court. They should be tried by the commission if they are tried at all. Under the rules of war they could be held until the end of the conflict and Gitmo would be a good place for doing that.

The Obama, Holder fetish about having trials in the US in spite of the clear intent of the Congress and the voters that they not be held here is something that will have to be considered by voters when Obama seeks reelection. For many, it will be another reason to vote against him.