Performance Boats Forum banner

1 - 20 of 98 Posts

·
Resident Ford Nut
Joined
·
10,095 Posts
Discussion Starter · #1 · (Edited)
Andrew McCarthy is a retired Chief Assistant U.S. Attorney, I think this could be classified as a "smack down":


Andrew C. McCarthy



May 1, 2009

By email (to the Counterterrorism Division) and by regular mail:

The Honorable Eric H. Holder, Jr.
Attorney General of the United States
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, D.C. 20530-0001

Dear Attorney General Holder:

This letter is respectfully submitted to inform you that I must decline the invitation to participate in the May 4 roundtable meeting the President’s Task Force on Detention Policy is convening with current and former prosecutors involved in international terrorism cases. An invitation was extended to me by trial lawyers from the Counterterrorism Section, who are members of the Task Force, which you are leading.

The invitation email (of April 14) indicates that the meeting is part of an ongoing effort to identify lawful policies on the detention and disposition of alien enemy combatants—or what the Department now calls “individuals captured or apprehended in connection with armed conflicts and counterterrorism operations.” I admire the lawyers of the Counterterrorism Division, and I do not question their good faith. Nevertheless, it is quite clear—most recently, from your provocative remarks on Wednesday in Germany—that the Obama administration has already settled on a policy of releasing trained jihadists (including releasing some of them into the United States). Whatever the good intentions of the organizers, the meeting will obviously be used by the administration to claim that its policy was arrived at in consultation with current and former government officials experienced in terrorism cases and national security issues. I deeply disagree with this policy, which I believe is a violation of federal law and a betrayal of the president’s first obligation to protect the American people. Under the circumstances, I think the better course is to register my dissent, rather than be used as a prop.

Moreover, in light of public statements by both you and the President, it is dismayingly clear that, under your leadership, the Justice Department takes the position that a lawyer who in good faith offers legal advice to government policy makers—like the government lawyers who offered good faith advice on interrogation policy—may be subject to investigation and prosecution for the content of that advice, in addition to empty but professionally damaging accusations of ethical misconduct. Given that stance, any prudent lawyer would have to hesitate before offering advice to the government.

Beyond that, as elucidated in my writing (including my proposal for a new national security court, which I understand the Task Force has perused), I believe alien enemy combatants should be detained at Guantanamo Bay (or a facility like it) until the conclusion of hostilities. This national defense measure is deeply rooted in the venerable laws of war and was reaffirmed by the Supreme Court in the 2004 Hamdi case. Yet, as recently as Wednesday, you asserted that, in your considered judgment, such notions violate America’s “commitment to the rule of law.” Indeed, you elaborated, “Nothing symbolizes our [adminstration’s] new course more than our decision to close the prison at Guantanamo Bay…. President Obama believes, and I strongly agree, that Guantanamo has come to represent a time and an approach that we want to put behind us: a disregard for our centuries-long respect for the rule of law[.]” (Emphasis added.)

Given your policy of conducting ruinous criminal and ethics investigations of lawyers over the advice they offer the government, and your specific position that the wartime detention I would endorse is tantamount to a violation of law, it makes little sense for me to attend the Task Force meeting. After all, my choice would be to remain silent or risk jeopardizing myself.
For what it may be worth, I will say this much. For eight years, we have had a robust debate in the United States about how to handle alien terrorists captured during a defensive war authorized by Congress after nearly 3000 of our fellow Americans were annihilated. Essentially, there have been two camps. One calls for prosecution in the civilian criminal justice system, the strategy used throughout the 1990s. The other calls for a military justice approach of combatant detention and war-crimes prosecutions by military commission. Because each theory has its downsides, many commentators, myself included, have proposed a third way: a hybrid system, designed for the realities of modern international terrorism—a new system that would address the needs to protect our classified defense secrets and to assure Americans, as well as our allies, that we are detaining the right people.

There are differences in these various proposals. But their proponents, and adherents to both the military and civilian justice approaches, have all agreed on at least one thing: Foreign terrorists trained to execute mass-murder attacks cannot simply be released while the war ensues and Americans are still being targeted. We have already released too many jihadists who, as night follows day, have resumed plotting to kill Americans. Indeed, according to recent reports, a released Guantanamo detainee is now leading Taliban combat operations in Afghanistan, where President Obama has just sent additional American forces.
The Obama campaign smeared Guantanamo Bay as a human rights blight. Consistent with that hyperbolic rhetoric, the President began his administration by promising to close the detention camp within a year. The President did this even though he and you (a) agree Gitmo is a top-flight prison facility, (b) acknowledge that our nation is still at war, and (c) concede that many Gitmo detainees are extremely dangerous terrorists who cannot be tried under civilian court rules. Patently, the commitment to close Guantanamo Bay within a year was made without a plan for what to do with these detainees who cannot be tried. Consequently, the Detention Policy Task Force is not an effort to arrive at the best policy. It is an effort to justify a bad policy that has already been adopted: to wit, the Obama administration policy to release trained terrorists outright if that’s what it takes to close Gitmo by January.

Obviously, I am powerless to stop the administration from releasing top al Qaeda operatives who planned mass-murder attacks against American cities—like Binyam Mohammed (the accomplice of “Dirty Bomber” Jose Padilla) whom the administration recently transferred to Britain, where he is now at liberty and living on public assistance. I am similarly powerless to stop the administration from admitting into the United States such alien jihadists as the 17 remaining Uighur detainees. According to National Intelligence Director Dennis Blair, the Uighurs will apparently live freely, on American taxpayer assistance, despite the facts that they are affiliated with a terrorist organization and have received terrorist paramilitary training. Under federal immigration law (the 2005 REAL ID Act), those facts render them excludable from the United States. The Uighurs’ impending release is thus a remarkable development given the Obama administration’s propensity to deride its predecessor’s purported insensitivity to the rule of law.

I am, in addition, powerless to stop the President, as he takes these reckless steps, from touting his Detention Policy Task Force as a demonstration of his national security seriousness. But I can decline to participate in the charade.

Finally, let me repeat that I respect and admire the dedication of Justice Department lawyers, whom I have tirelessly defended since I retired in 2003 as a chief assistant U.S. attorney in the Southern District of New York. It was a unique honor to serve for nearly twenty years as a federal prosecutor, under administrations of both parties. It was as proud a day as I have ever had when the trial team I led was awarded the Attorney General’s Exceptional Service Award in 1996, after we secured the convictions of Sheikh Omar Abdel Rahman and his underlings for waging a terrorist war against the United States. I particularly appreciated receiving the award from Attorney General Reno—as I recounted in Willful Blindness, my book about the case, without her steadfastness against opposition from short-sighted government officials who wanted to release him, the “blind sheikh” would never have been indicted, much less convicted and so deservedly sentenced to life-imprisonment. In any event, I’ve always believed defending our nation is a duty of citizenship, not ideology. Thus, my conservative political views aside, I’ve made myself available to liberal and conservative groups, to Democrats and Republicans, who’ve thought tapping my experience would be beneficial. It pains me to decline your invitation, but the attendant circumstances leave no other option.

Very truly yours,

/S/

Andrew C. McCarthy

cc: Sylvia T. Kaser and John DePue
National Security Division, Counterterrorism Section


I think he just said " Kiss my ass" :)bulb

Sleeper CP :D

"Liberialism is a Mental Disorder" :)st
 

·
Resident Ford Nut
Joined
·
10,095 Posts
Discussion Starter · #2 ·
Ooops, cut and paste and Political rhetoric; well the mods can move it I guess.

S CP :D

" Liberalism is a Mental Disorder" :)st
 

·
Floatin dirty
Joined
·
4,831 Posts
What would it take to get that guy to run for preseident in 2012? That is a true American who puts Country first and foremost. We, the American people are in world of hurt with Obama and the fools at his side. I pray for my children years down the road.
 

·
Temporarily Pacified!
Joined
·
5,554 Posts
I am going to say this again, common sense and intelligence escapes liberals...........they have no clue of how dangerous this world is and what Obama and Holder are doing to make it more dangerous.......in the first 100+ days, Terrorist 1 and USA 0 thanks to this tag team!
 

·
Resident Ford Nut
Joined
·
10,095 Posts
Discussion Starter · #5 ·
What would it take to get that guy to run for preseident in 2012? That is a true American who puts Country first and foremost. We, the American people are in world of hurt with Obama and the fools at his side. I pray for my children years down the road.
I haven't read his book Wilful Blindness yet, but I need to. My brother read it said it was incredible. I've heard him on two interviews the guy knows his stuff and good for him having the back-bone to write what he did.

S CP :D

" Liberalism is a Mental Disorder " :)st
 

·
29812
Joined
·
6,873 Posts
What would it take to get that guy to run for preseident in 2012? That is a true American who puts Country first and foremost. We, the American people are in world of hurt with Obama and the fools at his side. I pray for my children years down the road.
What makes you think we will be around when they are grown up...
This guy is slowly killing us
 

·
Resident Ford Nut
Joined
·
10,095 Posts
Discussion Starter · #8 ·
Really? Can you elaborate? I must have missed something.
The election in Nov of 2008 is number one :

Closing Gitmo.

Telling the terrorists what we won't do to them when they are caught.

No longer using the term "war on terror"

Terrorist attacks are now referred to as "man made disasters"

I can add a few more if you want me to ...?

S CP

" Liberalism is a Mental Disorder" :)st
 

·
It is what it is
Joined
·
2,650 Posts
The election in Nov of 2008 is number one :

Closing Gitmo.

Telling the terrorists what we won't do to them when they are caught.

No longer using the term "war on terror"

Terrorist attacks are now referred to as "man made disasters"

I can add a few more if you want me to ...?

S CP

" Liberalism is a Mental Disorder" :)st
I thought he was refering to a terrorist act against the U.S..

Bush should have done something about Gitmo instead of leaving the mess for the next administration. He made the mess, he should have cleaned it up. There is no good solution for it, just like leaving them there indefinitely isn't a good solution. Our country wasn't built on imprisoning people without a fair trial. Either try them or let them go.
 

·
Registered
Joined
·
1,535 Posts
As per the Geneva Convention, ALL POW ( enemy combatants) can legally be detained until the cessation of combat. They can be detained indefinitely . We are talking about war, not a civil crime. I simply wish more Americans would get this through their head. What if the US started releasing Germans back to Germany or better yet, into the US, during WWII?


Darrell.
 

·
It is what it is
Joined
·
2,650 Posts
As per the Geneva Convention, ALL POW ( enemy combatants) can legally be detained until the cessation of combat. They can be detained indefinitely . We are talking about war, not a civil crime. I simply wish more Americans would get this through their head. What if the US started releasing Germans back to Germany or better yet, into the US, during WWII?


Darrell.
You're splitting hairs. What country are we at war with? During the Cold War how many Russians did we detain "indefinitely"? Where are they now? When did the Cold War end? When did we release the prisoners? Did the Supreme Court rule that we could detain them "indefinitely"? Does their rulling matter?
 

·
Resident Ford Nut
Joined
·
10,095 Posts
Discussion Starter · #12 ·
There is no good solution for it, just like leaving them there indefinitely isn't a good solution. Our country wasn't built on imprisoning people without a fair trial. Either try them or let them go.
I've actually had two liberals tell me they would rather the military execute them ( and they not know about it) then keep them in Gitmo for 7 yrs.

I would say, if you don't have enough to try them let them go ( send them back) but tell them we have their DNA and if we catch them again they will be executed.

I do agree, keeping someone in detention for 7 years even rubs me the wrong way. And that takes some doing.

S CP :D

" Liberalism is a Mental Disorder" :)st
 

·
Registered
Joined
·
1,535 Posts
You're splitting hairs. What country are we at war with? During the Cold War how many Russians did we detain "indefinitely"? Where are they now? When did the Cold War end? When did we release the prisoners? Did the Supreme Court rule that we could detain them "indefinitely"? Does their rulling matter?

Splitting hairs??? They were captured while fighting against US forces. How many Russians were captured while fighting against US forces????? Maybe if you had ever been shot at by one of these towel heads, you wouldn't think it was splitting hairs. And no, this is not a COLD WAR. It is very hot, people are dieing, and enemy combatants should NEVER be allowed to REENTER a combat zone.


Darrell.
 

·
It is what it is
Joined
·
2,650 Posts
I've actually had two liberals tell me they would rather the military execute them ( and they not know about it) then keep them in Gitmo for 7 yrs.

I would say, if you don't have enough to try them let them go ( send them back) but tell them we have their DNA and if we catch them again they will be executed.

I do agree, keeping someone in detention for 7 years even rubs me the wrong way. And that takes some doing.

S CP :D

" Liberalism is a Mental Disorder" :)st
They should have killed them while "arresting" them.;) Just like the one we took from the hostage deal in Somolia. Should have shot his ass also. Don't get me wrong, I'm sure these are some useless bastards. But we have them, and have to do something with them.
 

·
"On the road again..."
Joined
·
9,356 Posts
Andrew McCarthy's letter is more proof that he and others are much better equipped to handle the serious nature of the nation's security than a guy like Eric Holder. Holder at best has a questionable record of being even minimally qualified to make the decisions he is being called on to make.

Obama will have the ACLU and ACORN dictating poliicies that will be the demise of our nation. Jihadists have one goal in life, destroy Western Civilization and anyone who doesn't follow their beliefs, infidels if you will. They are like cancer and rust, they don't sleep, they just lay in wait until they can resume their destruction. Gitmo was a place that they could be restrained indefinitely and due to nothing more than Political Correctnees and liberal apathy, many of these jihadists will be loose to kill again, continuing on until they have reached their goal or they die trying.

Hopefully it won't take another 9/11 to wake this Admin. up to the fact, these people must not be allowed to pursue their goals.....But it seems the O Admin's arrogance knows no better.
 

·
Floatin dirty
Joined
·
4,831 Posts
What makes you think we will be around when they are grown up...
This guy is slowly killing us

I agree, I am greatly concerned about the future for my children not only from foreign attacks on us but long term economic problems that are being created by the current administration and the socialistic direction the nation is being driven towards.
 

·
Resident Ford Nut
Joined
·
10,095 Posts
Discussion Starter · #17 ·
I agree, I am greatly concerned about the future for my children not only from foreign attacks on us but long term economic problems that are being created by the current administration and the socialistic direction the nation is being driven towards.
X 3


Last week I told my children .. Daddy yells at the TV not because I'm crazy it's because I'm angry. I'm angry because when you two are in your 20's you will have less choices in life than I've had because of Pres. Obama's policies and you will not be as safe either.

I stole a line from Mark Levine (sp) " A government that tells you what type of light bulbs to use and how much water your toilet can flush is to big and has out lived its usefulness" I told them I'm sorry that our Country is headed downhill fast while they are growing up.

It's a freaking shame. :|err

S CP

" Liberalism is a Mental Disorder " :)st
 

·
"On the road again..."
Joined
·
9,356 Posts
X 3


Last week I told my children .. Daddy yells at the TV not because I'm crazy it's because I'm angry. I'm angry because when you two are in your 20's you will have less choices in life than I've had because of Pres. Obama's policies and you will not be as safe either.

I stole a line from Mark Levine (sp) " A government that tells you what type of light bulbs to use and how much water your toilet can flush is to big and has out lived its usefulness" I told them I'm sorry that our Country is headed downhill fast while they are growing up.

It's a freaking shame. :|err

S CP

" Liberalism is a Mental Disorder " :)st
I can actually understand the reasoning behind light bulbs and water conservation. I can't understand the manipulation of private business and the controls on investments, savings, and overtaxation......The healthcare controls and cost manipulation will set us back further.

This Admin. will stop at nothing to expand government control and personal freedoms will decrease until there are none left.

The banks and auto companies are feeling the mess unfold and will regret the govenment intervention attached to the taxpayers' money they receive.
 

·
Resident Ford Nut
Joined
·
10,095 Posts
Discussion Starter · #19 ·
I can actually understand the reasoning behind light bulbs and water conservation. I can't understand the manipulation of private business and the controls on investments, savings, and overtaxation......The healthcare controls and cost manipulation will set us back further.
.
I can't find that in my version of the Constitution can you point me in the right direction :)bulb

Once the camels nose gets under the tent.....you know what happens.

I'll hang my hat on the Tenth Amendment:

"The power not delegated to the United States by the Constitution, nor prohihited by it to the States, are reserved to the States respectively, or to the people"

S CP :D

" Liberalism is a Mental Disorder" :)st
 

·
Temporarily Pacified!
Joined
·
5,554 Posts
Really? Can you elaborate? I must have missed something.
They know our intelligence handbook for one now thanks to the messiah......shall I go on? Iran, terrorist axis of evil moving forward faster with their nuke program, Taliban moving closer to the capital of Pakistan and jeopardize their nuclear weapons safety and security, North Korea, the Terrorist Pirates off Somalia, your right I missed a few of the embolden terrorist nations and groups that don't feel the least bit intimated by Obama and the US now.....lets change it to terrorist to include terrorist nations 5 the US 0........oh and I forgot, I am now labeled as a domestic terrorist according to this administration because I am a combat veteran, believe in the constitution, believe that this country was founded on Christian moral foundations, don’t believe in abortion and gay marriage, and believe in a smaller federal government, less taxes and personal responsibility, so add that group to the list also………6-0, thanks for calling my attention to my mistake on the number!
 
1 - 20 of 98 Posts
Top