Over lunch with Peter Robinson, Victor Davis Hanson remarked reflectively:

When you think about it, Obama has kept the detention camp at Guantanamo. He’s going ahead with military tribunals. And where Bush only waterboarded three terrorists, Obama has used drones to execute about 2,600.

Obama’s sort of growing on me.

Liberal scruples about interrogation and unlimited detention and the significant percentage of released detainees returning to the jihad have very obviously modified the American approach to war. If you can’t gain any information from captured insurgents and you are going to wind up in the end playing catch-and-release, the likelihood that you are going to take any prisoners at all declines dramatically.

Most amusingly, the consciences of the intelligentsia have been found to be surprisingly comfortable with the more recent remote-killing campaign.

Every war brings its own deformations, but consider this disturbing fact about America’s war against al-Qaeda: It has become easier, politically and legally, for the United States to kill suspected terrorists than to capture and interrogate them.

Predator and Reaper drones, armed with Hellfire missiles, have become the weapons of choice against al-Qaeda operatives in the tribal areas of Pakistan. They have also been used in Yemen, and the demand for these efficient tools of war, which target enemies from 10,000 feet, is likely to grow.

The pace of drone attacks on the tribal areas has increased sharply during the Obama presidency, with more assaults in September and October of this year than in all of 2008. At the same time, efforts to capture al-Qaeda suspects have virtually stopped. Indeed, if CIA operatives were to snatch a terrorist tomorrow, the agency wouldn’t be sure where it could detain him for interrogation.

Michael Hayden, a former director of the CIA, frames the puzzle this way: “Have we made detention and interrogation so legally difficult and politically risky that our default option is to kill our adversaries rather than capture and interrogate them?”

It’s curious why the American public seems so comfortable with a tactic that arguably is a form of long-range assassination, after the furor about the CIA’s use of nonlethal methods known as “enhanced interrogation.” When Israel adopted an approach of “targeted killing” against Hamas and other terrorist adversaries, it provoked an extensive debate there and abroad.

“For reasons that defy logic, people are more comfortable with drone attacks” than with killings at close range, says Robert Grenier, a former top CIA counterterrorism officer who now is a consultant with ERG Partners. “It’s something that seems so clean and antiseptic, but the moral issues are the same.”

All poor Mohamedou Ould Slahi did was recruit Mohammed Atta, Marwan al Shehhi, and Ziad Jarrah, the suicide pilots of American Airlines Flight 11, United Airlines Flight 175, and United Airlines Flight 93, for their mission on September 11, 2001.

Mr. Slahi and his defense team allege that he was tortured, i.e., beaten, exposed to uncomfortable temperatures, threatened, frightened by threats against his family, and sexually taunted by female interrogators. A DOD inquiry failed to confirm most of these allegations, but they were obviously credited, and considered to constitute torture, by the officer in charge of prosecution.

Wall Street Journal:

Although the treatment apparently induced Mr. Slahi’s compliance, the military prosecutor, Marine Lt. Col. V. Stuart Couch, determined that it constituted torture and evidence it produced could not lawfully be used against Mr. Slahi.

Col. Couch, in a March 31, 2007, Page One story in The Wall Street Journal, cited legal, professional and moral reasons for declining to prosecute.

Mr. Slahi, who was then viewed as a cooperator by interrogators, was granted various privileges at Guantánamo Bay, including his own quarters and garden to tend.

Col. Couch, now in private practice in North Carolina, said Monday’s order “is one of the consequences that the decision-makers should have foreseen when they decided to adopt a policy of cruelty, and the interrogation techniques that flowed from it.”

The same Journal article informs us that he is consequently being freed to resume his former activities.

A suspected al Qaeda organizer once called “the highest value detainee” at Guantánamo Bay was ordered released by a federal judge in an order issued Monday.

Mohamedou Ould Slahi was accused in the 9/11 Commission report of helping recruit Mohammed Atta and other members of the al Qaeda cell in Hamburg, Germany, that took part in the Sept. 11, 2001, terrorist attacks.

Military prosecutors suspected Mr. Slahi of links to other al Qaeda operations, and considered seeking the death penalty against him while preparing possible charges in 2003 and 2004.

U.S. District Judge James Robertson granted Mr. Slahi’s petition for habeas corpus, effectively finding the government lacked legal grounds to hold him. The order was classified, although the court said it planned to release a redacted public version in the coming weeks.

Mr. Robertson held four days of closed hearings in the Slahi case last year. Mr. Slahi testified via secure video link from Guantánamo Bay, said his attorney.

“They were considering giving him the death penalty. Now they don’t even have enough evidence to pass the test for habeas,” said the attorney, Nancy Hollander, of Albuquerque, N.M.

Spiegel did a major article in October of 2008 on Slahi.

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What can one possibly say about the kind of stupidity that equates misinforming, threatening, taunting, scaring, and even roughing up or inflicting some discomfort on a mass murderer with torture? Or about the legal acumen of jurists who award habeas corpus protection to unlawful belligerents apprehended overseas during time of war?

Do you suppose they can quote “Quos Deus perdere, dementat” [Those whom the gods wish to destroy, they first make mad] in Arabic?

The CIA wants the 1982 Intelligence Identities Protection Act enforced at the expense of attorneys from the John Adams Project, a joint initiative of the ACLU and the National Association of Criminal Defense Lawyers, who allegedly supplied photographs of CIA interrogators to attorneys defending al Qaeda terrorists held at Guantánamo Bay, who then showed them to their clients.

The CIA believes providing terrorists access to those photographs compromised the agency’s ongoing operations and could potentially lead to reprisals against the interrogators. The Justice Department was resistant to CIA demands for investigation and prosecutions, not surprisingly, since a number of prominent DOJ officials these days have themselves been part of the Al Qaeda Bar Association, and are a lot more in favor of prosecuting CIA interrogators and Bush Administration officials for “torture” and war crimes.

[A] senior Justice Department national security official removed himself from [a] counterintelligence probe last week after opposing CIA security worries.

Donald Vieira, a former Democratic counsel on the House Permanent Select Committee on Intelligence who in September became chief of staff at the Justice Department’s National Security Division, recused himself from the counterintelligence investigation into the recent discovery of photographs of CIA interrogators in the possession of defense lawyers at the prison in Cuba.

The investigation has been under way for many months, but was given new urgency after the discovery last month of additional photographs of interrogators at Guantanamo showing CIA officers and contractors who have carried out interrogations of detainees, according to three officials familiar with the investigation. They spoke on the condition of anonymity.

Findings of the investigation to date produced some signs that the senior al Qaeda detainees at Guantanamo gained intelligence on CIA interrogators through their lawyers that could be used in future legal proceedings.

CIA counterintelligence officials have “serious concerns” that the information will leak out and lead to the terrorists targeting the officers and their families, if the identities are disseminated to terrorists or sympathizers still at large, said one official.

“They have put the lives of CIA officers and their families in danger,” said a senior U.S. official about the detainees’ lawyers.

The case is being pressed by the counterspies who only recently were able to alert senior agency, Justice Department and White House officials to their concerns. ...

According to the officials, the dispute centered on discussions for a interagency memorandum that was to be used in briefing President Obama and senior administration officials on the photographs found in Cuba.

Justice officials did not share the CIA’s security concerns about the risks posed to CIA interrogators and opposed language on the matter that was contained in the draft memorandum. The memo was being prepared for White House National Security Council aide John Brennan, who was to use it to brief the president.

The CIA insisted on keeping its language describing the case and wanted the memorandum sent forward in that form.

That resulted in the meeting and ultimately to Mr. Vieira withdrawing from the probe.

CIA Director Leon E. Panetta and his chief of staff, Jeremy Bash, a former chief counsel for the House intelligence committee, at first were unaware of both the scope and seriousness of the case.

However, both officials began addressing the matter after inquiries were made from members of Congress. Since then, Mr. Panetta and Mr. Bash are getting regular updates on the dispute, said the officials.

The legal underpinnings of the counterintelligence probe stem from the 1982 law that makes it illegal to disclose the identity of clandestine CIA and other intelligence officers. The law was passed after CIA defector Philip Agee in the 1970s disclosed the identity of Richard Welch, the CIA station chief in Greece, who was assassinated in 1975 after the disclosure. ...

The Pentagon also is involved in the investigation in the photographs compromising CIA officers’ identities at Guantanamo because the military provided the lawyers currently representing some detainees. A Pentagon spokeswoman in charge of detainee affairs had no immediate comment and said she was unaware of the case.

The officials said the photographs of the CIA officers found recently at Guantanamo were obtained by a joint program of the ACLU and the National Association of Criminal Defense Lawyers called the John Adams Project.

The project, according to a Washington Post report in August, hired contractors to photograph CIA officers who were thought to have carried out terrorist interrogations. Those photographs were then to be provided to defense lawyers representing some of the Guantanamo detainees as part of an effort to identify the interrogators, for possible use as witnesses in military or civilian trials.

Joshua Dratel, a lawyer representing the John Adams Project, declined to comment directly on whether his group hired investigators to photograph CIA officers and supply them to military defense lawyers.

However, Mr. Dratel said in an interview that “none of the John Adams Project lawyers have done anything inappropriate or contrary to the protective order or any other rules that apply” to the prisoners.

ACLU spokesman John Kennedy also declined to comment on whether the project obtained photographs of CIA officers. However, he said none of the John Adams Project lawyers disclosed the identities of CIA officers to detainees held at Guantanamo.

Details about the investigation into the photographs remain closely held, but one official said CIA counterintelligence and security officials were alarmed by the discovery at the prison.

“What it says is that somebody is going out and finding these agents, taking their pictures, and taking them back to Gitmo, trying to get these guys at Gitmo to confirm who they are and where they are from,” one U.S. intelligence official said. “CIA is afraid this information will become public and jeopardize the lives of the agents.”

A second source said the probe also has heightened an ongoing political dispute among CIA, Justice and White House officials over the issue of terrorism detainees.

Andrew C. McCarthy rebuts misleading editorial claims that certain attorneys now employed by the Department of Justice were “only doing their job” and following the conventional ethical obligations of the Bar in pursuing various kinds of innovative litigation on behalf of War on Terror detainees.

The fictional premise of these wayward complaints is that the Justice Department’s al Qaeda lawyers stand in the same shoes as criminal-defense lawyers. The latter must represent even unsavory characters because the Constitution guarantees counsel to those charged with crimes.

To the contrary, the Justice Department’s al Qaeda lawyers were volunteers, just as Mr. Holder volunteered in the Heller case. Unlike the British soldiers represented by John Adams, the Gitmo detainees are not entitled to counsel. They are not criminal defendants. They are plaintiffs in offensive lawsuits, filed under the rubric of habeas corpus, challenging their detention as war prisoners. The nation is at war, and the detainees are unprivileged alien enemy combatants. By contrast, the United States was not at war with England at the time of the Boston Massacre, and the British soldiers were lawful police, not nonuniformed terrorists.

There is no right to counsel in habeas corpus cases. Thousands of American inmates must represent themselves in such suits—there is no parade of white-shoe law firms at their beck and call. Until 2004, moreover, enemy prisoners were not permitted to challenge their detention at all. The Supreme Court rejected such claims in the 1950 Eisentrager case, precisely because they damage the national war effort. Yes, left-leaning lawyers have convinced the Supreme Court’s liberal bloc to ignore precedent and permit Gitmo habeas petitions. That neither makes these suits less damaging, nor endows the enemy with a right to counsel.

Advocating for the enemy is a modern anomaly, not a proud tradition. Defense lawyers representing accused criminals perform a constitutionally required function. Not so the Department of Justice’s Gitmo volunteers. They represented al Qaeda operatives because they wanted to, not because they had to. The suggestion that they served a vital constitutional function is self-adulating myth. Their motive was to move the law in a particular direction.

Ironically, a number of Republican and conservative lawyers have written editorials and signed letters expressing the same specious analysis that equates the proactive defense of the enemy by the members of the treasonous community of fashion with the conventional acceptance of an assigned duty to provide representation to an unpopular or controversial client. You do not find Mr. Katyal, Mr. Holder, or certain representatives of Shearman & Sterling volunteering to defend the marines charged with murder or the Navy seals who gave the leader of a mob that murdered and mutilated Americans a fat lip.

Former Attorney General Michael Mukasey and former Solicitor General Theodore Olson, I suppose, deserve some special appreciation for their highmindedness and inclination to bend over backward in order to refrain from pointing fingers at members of their own profession in the opposing camp, but their insistence on placing the best interpretation on the motives of opponents seems more than a little naive in a world in which the democrat party left endeavors to criminalize policy differences as frequently as possible.

There is the difference between Republicans and democrats, between the American right and the American left in a nutshell. Mukasey and Olson are found hastening to defend Neal Katyal’s efforts to utilize American law for the benefit of those making war against it and the Geneva Convention to protect illegal combatants who routinely flout it, while the left is enthusiastically trying to claim that Bush Administration attorneys deserve prosecution for violations of international law as well as sanctions for professional misconduct.

What we have here is the successful application by the left of Saul Alinsky’s radical technique of “making your opponent obey his own rules” on two levels. Leftwing attorneys have successfully compelled the United States government to accord constitutional protections and the privileges of domestic legal process to armed enemies captured overseas and effectively contrived to have the Supreme Court enforce Article 75 of Protocol I (1977) of the Geneva Convention which the United States never signed. Meanwhile, the left accuses and makes strong efforts to punish Republican attorneys for legal and ethical violations on the basis of ultra-partisan and highly strained interpretations. Yet, prominent Republican legal figures shrink from criticizing, even from accurately identifying, enthusiastic advocacy on behalf of the enemy in time of war as what it really is.

In response to a letter from Grassley, last month, Holder admitted that there were nine such attorneys, but refused to identify seven not already publicly known.

Attorney General Eric Holder says nine Obama appointees in the Justice Department have represented or advocated for terrorist detainees before joining the Justice Department. But he does not reveal any names beyond the two officials whose work has already been publicly reported. And all the lawyers, according to Holder, are eligible to work on general detainee matters, even if there are specific parts of some cases they cannot be involved in.

Holder’s admission comes in the form of an answer to a question posed last November by Republican Sen. Charles Grassley. Noting that one Obama appointee, Principal Deputy Solicitor General Neal Katyal, formerly represented Osama bin Laden’s driver, and another appointee, Jennifer Daskal, previously advocated for detainees at Human Rights Watch.

And there may have been more than nine:

It is possible that there are more than nine political appointees who worked for detainees. Holder tells Grassley that he did not survey the Justice Department as a whole but instead canvassed several large offices within the organization.

Liz Cheney’s group Keep America Safe made some trouble for Eric Holder by demanding in a recent video that he identify an additional seven attorneys

0:48 video

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Prompted by the Keep America Safe video, Fox News investigated and uncovered the identities of the other seven.

Before joining the Justice Department, Jonathan Cedarbaum, now an official with the Office of Legal Counsel, was part of a “firm-wide effort” to represent six Bosnian-Algerian detainees held at Guantanamo Bay, according to the web site of the firm WilmerHale.

That effort brought the case Boumediene v. Bush to the Supreme Court, which reaffirmed the right of detainees to challenge their detention.

But, according to a review by Fox News, Cedarbaum’s name appears only once in court records of detainee-related cases. Specifically, he’s named as part of the WilmerHale legal team in a 2007 filing with the Supreme Court, and he was joined in that filing by Eric Columbus, a former WilmerHale attorney who is now senior counsel in the Office of the Deputy Attorney General.

Alongside Cedarbaum in the Office of Legal Counsel now is Karl Thompson, who while working for the firm O’Melveny & Myers became one of seven attorneys to represent Omar Khadr, a Canadian citizen who was captured in Afghanistan in 2002 and transferred to Guantanamo Bay.

But, according to court documents, Thompson was only part of Khadr’s defense team for seven months, from October 2008 to May 2009.

More than five years before that, Joseph Guerra, now Principal Deputy Associate Attorney General at the Justice Department, was one of five lawyers from the firm Sidley Austin to help three civil liberties groups, including the self-described “conservative” Rutherford Institute, file a detainee-related brief with the Supreme Court.

The brief urged the justices to hear the case of Jose Padilla, a U.S. citizen who was held as an “enemy combatant” before the Bush Administration decided in 2006 to prosecute him in a civilian court..

Similarly, in November 2006, Tali Farhadian, now an official in the Office of the Attorney General, was an attorney with the firm Debevoise & Plimpton when she helped file a brief with the U.S. Court of Appeals for the Fourth Circuit, urging the federal appeals court to hear the case of Ali al-Marri, the only “enemy combatant” at the time being held on U.S. soil.

In addition, Beth Brinkmann, now Deputy Assistant Attorney General in the Justice Department’s Civil Division, was a partner with the firm Morrison & Foerster when she helped compile at least two Supreme Court briefs dealing with Guantanamo Bay detainees.

In 2007, she and others co-signed a Supreme Court brief by 20 former federal judges calling for further protection of detainees’ rights, and the next year she co-signed a brief by two advocacy groups, including The Rutherford Institite, urging the Supreme Court to hear an appeal from al-Marri.

The most extensive detainee-related work by a current Justice Department official, though, may have been done by Tony West, the Assistant Attorney General for the Justice Department’s Civil Division.

For several years, while working in Morrison & Foerster’s San Francisco office, West represented “American Taliban” Johh Walker Lindh, a move that was hotly debated after West was nominated to the Justice Department in January 2009. West wasn’t confirmed until April 2009.

But Holder’s search was obviously less than exhaustive and he was hardly motivated to inquire closely. Chances are good that even more examples of such potential conflicts will turn up.

The Washington Post is reporting that Obama Administration policies are having precisely the result that critics like MacRanger predicted long ago: [L]ook for many terrorist suspects not to get to the interrogation stage as they will most likely be “dispatched” in the field.

It’s inevitable. There is nowhere uncontroversial to imprison them. Presumably they will all be Mirandized now and given civilian trials, and even mildly coercive interrogation techniques have been absolutely ruled out. A captured terrorist leader is now never going to be a useful source of intelligence and, on the other hand, he is highly likely to become a political embarrassment. The choice becomes obvious.

The Obama administration has authorized [lethal] attacks more frequently than the George W. Bush administration did in its final years, including in countries where U.S. ground operations are officially unwelcome or especially dangerous. Improvements in electronic surveillance and precision targeting have made killing from a distance much more of a sure thing. At the same time, options for where to keep U.S. captives have dwindled.

Republican critics, already scornful of limits placed on interrogation of the suspect in the Christmas Day bombing attempt, charge that the administration has been too reluctant to risk an international incident or a domestic lawsuit to capture senior terrorism figures alive and imprison them.

“Over a year after taking office, the administration has still failed to answer the hard questions about what to do if we have the opportunity to capture and detain a terrorist overseas, which has made our terror-fighters reluctant to capture and left our allies confused,” Sen. Christopher S. Bond (Mo.), the ranking Republican on the Senate Select Committee on Intelligence, said Friday. “If given a choice between killing or capturing, we would probably kill.”

Some military and intelligence officials, citing what they see as a new bias toward kills, questioned whether valuable intelligence is being lost in the process. “We wanted to take a prisoner,” a senior military officer said of the Nabhan operation. “It was not a decision that we made.”

Even during the Bush administration, “there was an inclination to ‘just shoot the bastard,’ ” said a former intelligence official briefed on current operations. “But now there’s an even greater proclivity for doing it that way. . . . We need to have the capability to snatch when the situation calls for it.”

One problem identified by those within and outside the government is the question of where to take captives apprehended outside established war zones and cooperating countries. “We’ve been trying to decide this for over a year,” the senior military officer said. “When you don’t have a detention policy or a set of facilities,” he said, operational decisions become more difficult.

The administration has pledged to close the military prison at Guantanamo Bay, Cuba; Congress has resisted moving any of the about 190 detainees remaining there, let alone terrorism suspects who have been recently captured, to this country. All of the CIA’s former “black site” prisons have been shut down, and a U.S. official involved in operations planning confirmed that the agency has no terrorism suspects in its custody.

They filed in and out of coffeehouses, all but crying in their cappuccinos, barely touching their carrot cake muffins, still in shock that Scott Brown – a Republican! – had been elected to the US Senate in the state that pioneered universal health care, legalized same-sex marriage, and normally sends 12 Democrats to Congress.

In the days since the unthinkable happened, diehard Democrats have been forced to confront results that suggest Massachusetts votes much the way rest of the country does – blue on the edges with a big red swath in the middle. They have grappled with the possibility that the Commonwealth, until this week viewed by the much of the country as an outpost of extreme liberalism, may not be all that. And that has left them blue – in the other meaning of the word – over Martha Coakley’s defeat.

There is no better place to sense that mood than Amherst and Cambridge, two outposts of extreme liberalism in Massachusetts. They share a self-effacing nickname – “The People’s Republic.’’ They share (along with Provincetown) the distinction of being the most pro-Coakley communities, having handed her 84 percent of the vote. And they share the shock.

“I’m upset. I’m heartbroken. I just hate the idea that the Republicans have just won,’’ said Nick Seamon, owner of The Black Sheep, a bakery/bastion of liberalism on Main Street in Amherst. Yesterday, Seamon served up one of his best-selling Republican Party cookies (“because they are full of fruits and nuts’’), and summed up the jolt delivered by the vote.

“We tend to be a little insulated here. We don’t spend a lot of time in Central Massachusetts, or wherever they voted for whatever his name was,’’ Seamon said.

Across the Commonwealth, the Democrats’ dejection was no less palpable at the 1369 Coffee House in Inman Square.

“In Cambridge I’m surrounded by disappointed and upset people now so I’m not feeling that isolated,’’ Annabel Gill, shift manager at 1369, said Wednesday as she fashioned an elegant leaf design in the foam of a skim milk latte. “But it is a little unsettling to realize that more people in this state want to vote [Republican] than I would have suspected, so that does make me feel a little isolated.’’

This week, Coakley supporters in Cambridge gazed at the electoral aftermath beyond the Republic’s blue horizon and saw a political landscape they barely recognized.

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How liberal is Amherst? So liberal, reports the Telegraph, that the town has actually voted to welcome Guantanamo Detainees.

[The same Amherst is the first town] in the country to pass a resolution welcoming detainees from the prison on the US naval base on Cuba.

Amherst remains a liberal hot spot in a state that until the shock election of Republican Scott Brown to succeed Edward Kennedy in the Senate was regarded as reliably Democratic. ...

Amherst wants to welcome any former terror suspects who have been cleared for release into its general population of 34,874.

It has set its sights on two men in particular who are languishing in Guantánamo unable prevented from returning to their home countries by the likelihood of maltreatment.

Ravil Mingazov, a former ballet dancer in the Russian army, said he was persecuted by the authorities because of his conversion to Islam. He travelled to Afghanistan in 2001 before his arrest in Pakistan in early 2002.

Also handed over to the Americans in Pakistan was Ahmed Belbacha, a 40-year-old Algerian accountant. Though deemed not to be a threat by the Pentagon in 2005, he asked to stay in Guantánamo because he so feared torture by his country’s security services. His lawyer has said he “would love to move to Amherst”.

Send them all to Amherst.

The London Times reports that early releases of detainees believed to be less dangerous resulted in a large number of cases of speedy returns to waging holy war against the West, sometimes in prominent leadership roles.

As the Obama Administration tries fulfilling its commitment to empty the prison facility at Guantanamo, prospective beneficiaries of repatriation will inevitably include precisely those detainees considered too obviously guilty and too certain to return to terrorist activities to be released earlier.

At least a dozen former Guantánamo Bay inmates have rejoined al-Qaeda to fight in Yemen, The Times has learnt, amid growing concern over the ability of the country’s Government to accept almost 100 more former inmates from the detention centre.

The Obama Administration promised to close the Guantánamo facility by January 22, a deadline that it will be unable to meet. The 91 Yemeni prisoners in Guantánamo make up the largest national contingent among the 198 being held.

Six prisoners were returned to Yemen last month. After the Christmas Day bomb plot in Detroit, US officials are increasingly concerned that the country is becoming a hot-bed of terrorism. ...

The country’s mountainous terrain, poverty and lawless tribal society make it, in the opinion of many analysts, a close match for Afghanistan as a new terrorist haven. ..

A Yemeni, Hani Abdo Shaalan, who was released from Guantánamo in 2007, was killed in an airstrike on December 17, the Yemeni Government reported last week. The deputy head of al-Qaeda in the country is Said Ali al-Shihri, 36, who was released in 2007. Ibrahim Suleiman al-Rubaish, who was released in 2006, is a prominent ideologue featured on Yemeni al-Qaeda websites. ...

The US Government issued figures in May showing that 74 of the 530 detainees in Guantánamo were suspected or known to have returned to terrorist activity since their release. They included the commander of the Taleban in Helmand province, Mullah Zakir, whom the British Chief of the Defence Staff, Sir Jock Stirrup, called “a key and seemingly effective tactical leader”. Among others who returned to terrorism was Abdullah Saleh al-Ajmi, a Kuwaiti who killed six Iraqis in Mosul in 2008.

The number believed to have “returned to the fight” in the May 2009 estimate was double that of a US estimate from June 2008. US officials acknowledged that more detainees were known to have reoffended since, but the number has been classified.

“There is a historic trend and it continues. I will only say that we have said there is a trend, we are aware of it, there is no denying the trend and we are doing our best to deal with this reality,” Mr Morrell said.

Officials said that a higher proportion of those still being held were likely to return to terrorism because they were considered more of a security threat than those selected in the early stages of the release programme.

ABC News reveals that two of the principals behind the failed bombing of Flight 253 were former Guanatanamo detainees, released in the later period of the Bush Administration when that Administration began to buckle under intensive criticism of unlimited detention.

The more prominent released prisoner, Said Ali al-Shihri, was a Saudi al Qaeda travel facilitator, captured with wounds in the leg in Pakistan in the aftermath of the US invasion of Afghanistan, believed to have trained at a Libyan camp north of Kabul.

Since his release, he has been involved in the kidnap-murder of Christian missionary aid workers and the bombing of the US embassy in Yemen.

And a hearty hand of applause for all the counsel and amicus filers in Boumediene v. Bush who started the legal processes leading to the release of these unfortunate victims of American injustice.

Two of the four leaders allegedly behind the al Qaeda plot to blow up a Northwest Airlines passenger jet over Detroit were released by the U.S. from the Guantanamo prison in November, 2007, according to American officials and Department of Defense documents. ...

American officials agreed to send the two terrorists from Guantanamo to Saudi Arabia where they entered into an “art therapy rehabilitation program” and were set free, according to U.S. and Saudi officials.

Guantanamo prisoner #333, Muhamad Attik al-Harbi, and prisoner #372, Said Ali Shari, were sent to Saudi Arabia on Nov. 9, 2007, according to the Defense Department log of detainees who were released from American custody. Al-Harbi has since changed his name to Muhamad al-Awfi.

Lindsey Graham must have decided that he wants to keep his job. Yesterday he left Eric Holder baffled during Senate Judiciary Committee Hearings, simply by asking him: Can you give me a case in United States history where a enemy combatant caught on a battlefield was tried in civilian court?

This dialogue then followed:

GRAHAM: If bin Laden were caught tomorrow, would it be the position of this administration that he would be brought to justice?

HOLDER: He would certainly be brought to justice, absolutely.

GRAHAM: Where would you try him?

HOLDER: Well, we’d go through our protocol. And we’d make the determination about where he should appropriately be tried. [...]

GRAHAM: If we captured bin Laden tomorrow, would he be entitled to Miranda warnings at the moment of capture?

HOLDER: Again I’m not—that all depends. I mean, the notion that we—
GRAHAM: Well, it does not depend. If you’re going to prosecute anybody in civilian court, our law is clear that the moment custodial interrogation occurs the defendant, the criminal defendant, is entitled to a lawyer and to be informed of their right to remain silent.

The big problem I have is that you’re criminalizing the war, that if we caught bin Laden tomorrow, we’d have mixed theories and we couldn’t turn him over—to the CIA, the FBI or military intelligence—for an interrogation on the battlefield, because now we’re saying that he is subject to criminal court in the United States. And you’re confusing the people fighting this war.

NYM made the same point as Mr. Graham last week.

4:40 video

Courtesy of our elite law schools, Shearman & Sterling, and a liberal Supreme Court majority, some news agency reports that federal judges are busy right now turning captured jihadis loose.

Complying with a Supreme Court ruling last year, 15 federal judges in the U.S. courthouse (In Washington, D.C.) are giving detainees their day in court after years behind bars half a world away from their homelands.

The judges have found the government’s evidence against 30 detainees wanting and ordered their release. That number could rise significantly because the judges are on track to hear challenges from dozens more prisoners. ...

Bush administration Defense Secretary Donald Rumsfeld once promised Guantanamo held “the worst of the worst.” The judges here have rejected pleas for release from eight detainees, but they have concluded the government doesn’t even have enough evidence to keep 30 other detainees behind bars.

“There is absolutely no reason for this court to presume that the facts contained in the government’s exhibits are accurate,” District Judge Gladys Kessler wrote in ordering the release of Alla Ali Bin Ali Ahmed. He was repatriated to Yemen after a seven-year stay at Guantanamo, where he was brought as a teenager.

“Much of the factual material contained in those exhibits is hotly contested for a host of different reasons ranging from the fact that it contains second- and third-hand hearsay to allegations that it was obtained by torture to the fact that no statement purports to be a verbatim account of what was said,” Kessler said. She ruled the government failed to prove the detainee was part of or substantially supported Taliban or al-Qaida forces.

Andrew McCarthy doesn’t think so. He thinks they know exactly what they’re doing.

We are now going to have a trial that never had to happen for defendants who have no defense. And when defendants have no defense for their own actions, there is only one thing for their lawyers to do: put the government on trial in hopes of getting the jury (and the media) spun up over government errors, abuses and incompetence. That is what is going to happen in the trial of KSM et al. It will be a soapbox for al-Qaeda’s case against America. Since that will be their “defense,” the defendants will demand every bit of information they can get about interrogations, renditions, secret prisons, undercover operations targeting Muslims and mosques, etc., and — depending on what judge catches the case — they are likely to be given a lot of it. The administration will be able to claim that the judge, not the administration, is responsible for the exposure of our defense secrets. And the circus will be played out for all to see — in the middle of the war. It will provide endless fodder for the transnational Left to press its case that actions taken in America’s defense are violations of international law that must be addressed by foreign courts. And the intelligence bounty will make our enemies more efficient at killing us.

Read the whole thing.

On Oct. 13, a former Guantanamo detainee named Yousef Mohammed al Shihri was killed in a shootout at a checkpoint along the Saudi-Yemeni border. Al Shihri and his accomplices were stopped by Saudi security forces after their suspicious behavior drew attention.

Two of the travelers, including al Shihri, were reportedly dressed as women. Saudi security personnel decided to search the al Qaeda car and its passengers, but al Shihri and the others opened fire. Al Shihri and one other al Qaeda member were killed in the shootout, while a third was arrested. One Saudi security officer was also killed. ...

Yousef Mohammed al Shihri was repatriated to Saudi Arabia in November 2007 along with thirteen other Saudi citizens. At least several of them have returned to al Qaeda’s ranks. One of those who rejoined al Qaeda is Said Ali al Shihri, who has become the deputy chief of al Qaeda in the Arabian Peninsula and was reportedly involved in the September 2008 attack on the US embassy in Sanaa, Yemen. According to memos prepared at Gitmo, Said Ali al Shihri is Yousef Mohammed al Shihri’s brother. However, according to a report by Caryle Murphy in the Christian Science Monitor, Saudi authorities have said the two al Qaeda terrorists were brothers-in-law.

Regardless, Yousef and Said were relatives. And their stories demonstrate the pitfalls of the US government’s transfer and release decisions. Prior to their transfers, US intelligence officials at Guantanamo had determined that Said was “a known al Qaeda operative.” Moreover, when they inquired about Yousef, they found that he was considered one of the more dangerous Saudis held at Guantanamo.

In a memo prepared at Guantanamo, US intelligence officials reported that:

A foreign government service provided information on detainees held at Guantanamo Bay that they designated as being high priority targets, in order of precedence. [Yousef Mohammed al Shihri] is number four on the list.

The “foreign government service” is likely Saudi intelligence, as that organization would have the most information on Yousef and his fellow Saudi al Qaeda compatriots. Well more than 100 Saudis were detained at Guantanamo, so Yousef must have been considered especially dangerous to be listed as number four on the list.

In addition, US intelligence officials alleged that Yousef Mohammed al Shihri made his allegiances and animosity for America well-known long before being transferred to Saudi Arabia. Regarding Yousef Mohammed al Shihri, memos prepared at Guantanamo alleged:

The detainee stated he considers all Americans his enemy. The detainee decided that he hates all Americans because they attack his religion, Islam. Since Americans are the detainee’s enemy, he will continue to fight them until he dies.

The detainee pointed to the sky and told the interviewing agents that he will have a meeting with them in the next life. …

The detainee stated that the FBI, the United States and the interrogators are the enemy.

Despite all of this, Yousef and Said were transferred to Saudi custody. They both graduated from the Saudi jihadist rehabilitation program and then joined nine others in a planned escape from Saudi soil. They fled to Yemen, where they joined al Qaeda in the Arabian Peninsula, which is currently one of the strongest al Qaeda branches. Said lives on to fight another day, while Yousef now gets to test his theory of the afterlife.

Another of the innocent inhabitants of the Middle East, erroneously and unjustly detained by the Bush Administration at Guantanamo Bay then freed in 2007, has resumed his former life and become a prominent and effective leader in his home community.

Fox News.

A former Guantanamo Bay inmate is leading the fight against U.S. Marines in the Helmand province of Afghanistan, a senior U.S. defense official confirmed to FOX News on Tuesday.

Mullah Zakir, also known as Abdullah Ghulam Rasoul, surrendered in Mazar-e-Sharif in Northern Afghanistan in 2001, and was transferred to Gitmo in 2006. He was released in late 2007 to Afghan custody.

Now as the United States is pushing ahead with the massive Operation Khanjar in the southern province of Afghanistan, Zakir is coordinating the Taliban fighters. Some 4,000 U.S. Marines and hundreds of Afghan forces have faced some resistance as they sweep across the province, reclaiming control of districts where Zakir and his comrades were running a shadow government.

Zakir was released from Afghan custody around 2008, according to the New York Post. He re-established connections with high-level Taliban leaders in Afghanistan and Pakistan after his second release.

Taliban chief Mullah Omar appointed Zakir in mid-2008 as senior military commander, according to the newspaper.

Zakir quickly became a charismatic leader, helping establish an “accountability commission” to track spending and monitor activities of Taliban leaders in the districts where they held power and were running a shadow government, according to the Post.

Explaining why Zakir was released from Gitmo, the defense official said, “We were under incredible pressure from the world to release detainees at Gitmo. You just don’t know what people are going to do.

“He was no worse than anyone else being held at Gunatanamo Bay,” the official added. “He was not going to be tried for war crimes so we decided to release him. Either he was not thought to have committed a crime or we didn’t have enough evidence to prosecute him.”

The defense official shifted some blame for Zakir’s activities to Afghanistan. “The country which agreed to take him promised to take steps to mitigate the threat he posed.

Back in 1959, well before Vietnam, there was a very funny Peter Sellers comedy called The Mouse That Roared.

Impoverished by the collapse of its only industry, the tiny European Duchy of Grand Fenwick proposes to declare war on the United States, lose, and then achieve prosperity via US reconstruction assistance and aid to a defeated foe.

American charity to wartime enemies was sufficiently notorious in the post-WWII era to provide themes for comedy, but it never occurred to George Marshall or Harry Truman to dispatch captured members of Axis forces to tropical resorts in the manner described by yesterday’s New York Times.

Almost exactly seven years after arriving at Guantánamo in chains as accused enemy combatants, and four days after their surprise predawn flight to Bermuda, four Uighur Muslim men basked in their new-found freedom here, grateful for the handshakes many residents had offered and marveling at the serene beauty of this tidy, postcard island.

In newly purchased polo shirts and chinos, the four husky men, members of a restive ethnic minority from western China, might blend in except for their scruffy beards. Smelling hibiscus flowers, luxuriating in the freedom to drift through scenic streets and harbors, they expressed wonder at their good fortune in landing here after a captivity that included more than a year in solitary confinement. ...

“Before we were asking, ‘Why are the Americans doing this to us?’ ” said Mr. Abdulahat. Now, he said, with others nodding in agreement, “We have ended up in such a beautiful place….

While some less affluent residents said they felt it was unfair to offer jobs and citizenship to men the United States itself would not take, many others shrugged and expressed pride at Bermudan hospitality. As the men venture from the seaside cottage where they temporarily live until they get jobs and figure out next steps, people often come up to shake their hands and wish them well, and the men said they were deeply touched.

Their homeland of Xinjiang, a largely Muslim region in western China where many residents chafe under Chinese rule, is landlocked, and many of the Uighur detainees saw an ocean — still a distant, mysterious presence — for the first time ever through fences at Guantánamo.

Now they can play in the waters. Khaleel Mamut, 31, said he went fishing on a boat on Saturday and caught his first fish ever. “I was so excited,” he said. “You just drop the hook in the water and you get a fish.” Hearing that fishing did not always bring such quick results, one of the other men quipped that perhaps the fish were joining in Bermuda’s welcome.

They have been promised work visas and, in perhaps a year or so, possible citizenship, their American lawyers said. That would give them passports and a right to travel.

slideshow

Tired of living in hopeless poverty driving sheep across the Gobi’s trackless sands? Get yourself an AK-47 and start taking potshots at US troops. Maybe you, too, will be captured and awarded a new life in a tropical resort at US taxpayers’ expense. Allahu Akhbar!

Surviving German and Italian prisoners of war of the WWII era, who were, after all, lawful combatants fighting in uniform as members of military forces typically observing the laws and customs of war, were by comparison lodged in Spartan conditions behind barbed wire and commonly required to perform agricultural or construction labor. Those Axis POWs must be feeling a trifle slighted. No one ever offered to release them into new lives in vacation playgrounds.

Palau is not the only resort island willing to take the Uighurs detained at Guantanamo. The Obama administration has transferred four Uighurs to Bermuda, which is, of course, much closer to the continental U.S. than Palau. Understandably, the Obama administration has placed travel restrictions on the Uighurs. ABC News reports that they are not allowed to travel to the U.S. without prior consent.

This alone is somewhat of a reversal by the administration, since it was reportedly considering freeing some of the Uighur detainees in the U.S. at one point. One wonders what our European allies will think, too. Leading European nations were only willing to consider taking detainees, including the Uighurs, if the administration showed a willingness to release them on U.S. soil. While the administration has found a home for the Uighurs, it fails to satisfy the quid pro quo conditions that our allies have demanded. Keep an eye out for Europe’s reaction to this news, and whether attitudes across the pond evolve. The reaction of European politicians could very well be: If the Obama administration won’t even allow former detainees to travel to the U.S., then why should we free them in our own nations?

So, who are Bermuda’s new residents? And why would the Obama administration place travel restrictions on them?

All four of them are members or associates of the Eastern Turkistan Islamic Movement (otherwise known as the Turkistan Islamic Party). The ETIM/TIP is a U.S. and UN designated terrorist organization affiliated with al Qaeda and has attacked civilians in China, as well as reportedly plotted against other targets elsewhere, including the U.S. embassy in Kyrgyzstan. According to the State Department, ETIM/TIP members have also fought alongside the Taliban and al Qaeda in Afghanistan. And last year the organization threatened to attack the Olympic Games in China.

The four Uighurs attempted to deny any relationship with the ETIM/TIP, the Taliban, and al Qaeda during their CSRTs. But their denials are not credible. In the context of their denials they made important admissions.

For example, all four of the Uighurs admitted during their combatant status review tribunals (CSRTs) at Gitmo that they received training in the Taliban’s Afghanistan. And all four of them received this training at an ETIM/TIP terrorist training facility in Tora Bora, a key area once controlled by the Taliban and al Qaeda.

Three of the four Uighurs transferred to Bermuda also admitted that they had firsthand ties to senior terrorists such as Hassan Mahsum and Abdul Haq – the leaders of the ETIM/TIP. Haq was recently designated an al Qaeda terrorist by the Obama administration’s Treasury Department, which noted that he is also a member of al Qaeda’s elite Shura council. Mahsum was killed in a Taliban and al Qaeda stronghold in northern Pakistan in 2003.

When 9/11 mastermind Khalid Sheikh Mohammad was captured on March 1, 2003, he was not cooperative. “I’ll talk to you guys after I get to New York and see my lawyer,” he said, according to former CIA Director George Tenet.

Of course, KSM did not get a lawyer until months later, after his interrogation was completed, and Tenet says that the information the CIA obtained from him disrupted plots and saved lives. “I believe none of these successes would have happened if we had had to treat KSM like a white-collar criminal—read him his Miranda rights and get him a lawyer who surely would have insisted that his client simply shut up,” Tenet wrote in his memoirs.

If Tenet is right, it’s a good thing KSM was captured before Barack Obama became president. For, the Obama Justice Department has quietly ordered FBI agents to read Miranda rights to high value detainees captured and held at U.S. detention facilities in Afghanistan, according a senior Republican on the House Intelligence Committee.

Then, you arrange $11.1 million a head retirement packages to the South Seas for your prisoners. Yes, 17 Uighurs into $200 million comes to $11.1 million semolians.

Fox News:

Palau says its decision to temporarily take the 17 Uighurs, or Chinese Muslims, being held at the Guantanamo Bay prison was a “humanitarian gesture.”

But the South Pacific island may have been motivated more by 200 million other reasons.

Two U.S. officials told the Associated Press that the U.S. was prepared to give Palau up to $200 million in return for accepting the Uighurs and as part of a mutual defense and cooperation treaty that is due to be renegotiated this year.

Figures on Palau’s federal budget weren’t immediately available, but if it is close to its size in 1999, when it was $71 million, the deal with the U.S. would in effect more than double the nation’s spending and make it the fastest growing economy in the world.

Frankly, I bet you could get very close to every terrorist simply to put down his AK-47 and retire for a considerably smaller one-time payment.

Of course, it’s hard to imagine a more effective recruiting promotional deal. I can see Achmed the al Qaeda recruiter delivering his spiel even now, “And if the soldiers of the great Shaitan capture you, they will only provide you with attorneys from Sherman & Sterling before funding your retirement to a life of leisure in a tropical paradise surrounded by beautiful maidens serving you Mai Tais. Inshallah!”

Silly narcissistic people, like Ambinder, who make moral statements along with their fashion statements and for the same reasons, will never recognize the inevitable fruits of their eager intrusion into the issue. Bang! goes the gun in the hand of the US soldier or intelligence officer who now knows better than to take any prisoners who are going to serve as the focus of such a costly, idiotic, and self-lacerating domestic debate.

There can be little doubt that what Ralph Peters advocates will de facto be the never-expressed policy.

We made one great mistake regarding Guantanamo: No terrorist should have made it that far. All but a handful of those grotesquely romanticized prisoners should have been killed on the battlefield.

The few kept alive for their intelligence value should have been interrogated secretly, then executed.

Terrorists don’t have legal rights or human rights. By committing or abetting acts of terror against the innocent, they place themselves outside of humanity’s borders. They must be hunted as man-killing animals.

And, as a side benefit, dead terrorists don’t pose legal quandaries.

“In my long experience in Washington, few matters have inspired so much contrived indignation and phony moralizing as the interrogation methods applied to a few captured terrorists.”
—Dick Cheney

Rich Lowry hits Obama’s nail right on the head.

Put Barack Obama in front of a Tele PrompTer and one thing is certain—he’ll make himself appear the most reasonable person in the room.

Rhetorically, he is in the middle of any debate, perpetually surrounded by finger-pointing extremists who can’t get over their reflexive combativeness and ideological fixations to acknowledge his surpassing thoughtfulness and grace. ...

It’s natural, then, that his speech at the National Archives on national security should superficially sound soothing, reasonable and even a little put upon (oh, what President Obama has to endure from all those finger-pointing extremists).

But beneath its surface, the speech—given heavy play in the press as an implicit debate with former Vice President Dick Cheney, who spoke on the same topic at a different venue immediately afterward—revealed something else: a president who has great difficulty admitting error; who can’t discuss the position of his opponents without resorting to rank caricature, and who adopts an off-putting pose of above-it-all righteousness.

Read the whole thing.

Congressional Republicans (1, 2) and democrats are raising serious questions about Barack Obama’s plans to release terrorist detainees from the US holding facility in Guantanamo Bay into the United States, pointing to already existing statutes barring entry to recipients of terrorist training and introducing further legislation to block the president’s plans.

Jennifer Rubin, at Commentary, thinks Obama has painted himself into a corner on this one, and is going to incur serious political costs whichever way he decides in the end to proceed.

So what does the president do now? To go back on his promise to close Guantanamo would mean incurring the wrath of not only the Left in the U.S., but of the fawning European leaders and public who praised his decision to shut the place down. And it would, of course, be a humiliating admission that his initial pronouncement — made even before Eric Holder visited Guantanamo — was ill-conceived. He can try to fudge the issue or delay, but ultimately he has to do one or the other: proceed to close Guantanamo and begin releasing the detainees, or admit error and adhere to the Bush policy of housing dangerous terrorists there. It is not “a false choice,” but a very real one. We’ll see which audience, American or European, he is willing to offend.

Thomas Joscelyn quotes a news agency report and comments.

John Hawkins finds the Annointed One embarrassing to watch on 60 Minutes.

Many of us, that at times during our lives, have believed we could do a better job than the President of the United States, just as we thought we’d do a better job than the coach of the Pittsburgh Steelers or the network executive who greenlighted Real Chance of Love.

The problem tends to be that what looks so crystal clear from the outside, usually in hindsight, appears confusing, muddled, and difficult to fathom when you’re actually going through it.

That’s why experience matters, particularly executive experience, and it’s a big part of the reason why Barack Obama has done such a mediocre job so far.

Obama is a silver-tongued political novice who has managed to be in the right place at the right time.

Now, if you’re a hammer, every problem looks like a nail. And if you’re a politician like Barack Obama, who has gotten everything he has in life by being slick and sounding confident, every problem looks like something that can just be talked away.

That tendency was on display in his Sixty Minutes interview, a ‘grilling’ which would be considered a softball interview for a Republican (”Wow, that’s a great swingset for your kids to play on. How are they liking the White House so far?”) but was still probably tougher than any interrogation Obama has received since he entered the White House. (After all, he even admitted that he gets lost in the White House “repeatedly.”)

Each time Obama got a tough question, he did what sociopathic politicians have doing for decades: he lied, dodged, and talked out of both sides of his mouth.

Read the whole thing.

Another US-released Guantanamo detainee, Mohamed Abdullah Al Harbi aka Abul Hareth Mohammed al-Awfi, has been reported captured by the Yemeni government while working as a high level al-Qaeda operative.

The (Yemen) Interior Ministry says it sent back the Saudi national, Ahmed Owaidan al-Harbi, on Thursday, 20 days after his arrest in eastern Yemen. The ministry hasn’t released any details on al-Harbi’s case.

The extradition comes two days after Yemen returned another Saudi national who was once held at the U.S. prison in Guantanamo and later became an al-Qaida operative in Yemen. Officials say that suspect, Abu al-Hareth Muhammad al-Oufi, surrendered himself

Evan Kolhmann’s NEFA report on The Eleven: Saudi Guantanamo Veterans Returning to the Fight provides a revealing profile.

However, contrary to his account before the ARB panel, the U.S. military learned from its own sources that al-Harbi had allegedly been “in Chechnya for approximately nine months in 1999… A source reported that the detainee underwent basic training and physical training in Chechnya.” ... Aside from his purported tour of duty with the mujahideen in Chechnya, according to the U.S. military, al-Harbi was also recognized by a “senior al Qaida lieutenant” as “possibly being at his site, a guest house in Kabul,
in 1998 or 1999.”

In the late fall of 2001, Mohammed al-Harbi traveled on a religious pilgrimage to the Saudi city of Mecca for the holy month of Ramadan. It was “at this time he decided to travel to Pakistan and provide assistance to the Afghani refugees that were residing at camps on Pakistani soil.”...

Al-Harbi gathered together at least 14,000 Saudi Riyals and US$8,000 (a total of approximately $12,000) and on the eighth day of Ramadan (November 24, 2001), traveled from Jeddah, Saudi Arabia to Karachi, Pakistan. ...

According to intelligence obtained by the U.S. military, Mohammed al-Harbi was a “member” of Al-Wafa al-Ighatha al-Islamiya, a thinly-veiled fraudulent charitable front for Al-Qaida terror financing. As cited previously, Al-Wafa “claimed to be a charitable organization, but it was common knowledge that al Wafa delivered weapons and supplies to Afghanistan fighters in Tora Bora… Al Wafa provided money of all currencies, including United States Dollars, to those fighters who needed it.” The Pentagon further alleged that al-Harbi had been identified as “one of approximately 400 Arabs who claimed to be members of a subset of al Wafa… [who] were actually Mujahedin fighters in Afghanistan.”...

Al-Harbi was … quick to deny the charges that he had “received hand grenade, machine gun, pistol, map reading and explosives training” at Al-Qaida’s Al-Farouq terrorist training camp; that he had served as a “fighter in Kandahar, Afghanistan”; and, that he had participated in the battle of Tora Bora in late November 2001, and had been seen fighting there. ...[He] continued to stubbornly maintain his innocence. ...

On November 9, 2007, al-Harbi was released from U.S. military detention in Guantanamo Bay and transferred to the custody of local security forces in Saudi Arabia.

Less than six months after returning to Saudi Arabia, Mohammed al-Harbi fled with a group of other Saudi Al-Qaida members to sanctuary in neighboring Yemen. It is not known when, how, or why al-Harbi was able to escape the custody of the Saudi government. On January 23, 2009, the Al-Fajr Media Center published new video footage of joint sermons delivered by a group of Saudi and Yemeni Al-Qaida leaders in a recording titled, “From Here We Will Begin and in Al-Aqsa We Shall Meet.” One of the men featured in the video was former Gitmo detainee Mohammed al-Harbi, carrying the official title of “Field Commander of the Al-Qaida Organization in the Arabian Peninsula.” During his speech, al-Harbi threatened:

“I say to America’s collaborators… the Saudis… the grenade of our brother Ali al-Mabadi, may Allah have mercy upon him, is in our hands, and by Allah, we shall fulfill his oath or die trying—unless you seek forgiveness from Allah for the war that you are waging against Islam and the Muslims. And we warn our imprisoned brothers to avoid the ‘attention and advice program’ which is administered by the ignorant oppressor Mohammed Bin Nayef and his criminal helpers like Dai Turki al-Atayan—who headed the delegation of psychological investigators sent to Cuba, and helped the Americans to conduct psychological examinations and to extract confessions from us using psychiatric methods employed in the prisons of Saudi Arabia against the mujahideen. [These methods are used] in order to persuade us to stray from Islam and our path using every tool and method through the plan of advice… Finally, we say to the Christian countries which are preparing for war in Saudi Arabia and which are supporting the Christian war against the Muslims: by Allah, we are surely coming for you! By Allah, we are surely coming for you! We are walking the path of our former brothers, like Shaykh Yousef al-Ayyiri, Shaykh Esa al-Awshin, Khaled al-Haj, Turki al-Dandani, Ali al-Mabadi, and other lions of Allah who have been slain in Saudi Arabia. And we say to the police and [internal] investigations [system] of the Saudis, and to those who guard the Jews and the Christians: repent to Allah for the deception and treachery that you are culpable for when you guard the entrances to their embassies, their secret temples, their population centers, and their military and intelligence bases. The one who gives fair warning cannot [afterwards] be blameworthy, O’ servants of the Dirham and the Dinar.”

It was the Bush Administration that released this particular lamb. Just imagine the caliber of the people the Obama Administration is going to be releasing.

The total population of terrorists ebbs and flows all the time. When the number goes up by one hundred, no one much notices. If the number goes up by one hundred because we release some previously identified terrorists, there is or will be a public outcry. But it’s the same consequence.

Fewer terrorists are better than more terrorists, to be sure. But a terrorist we release is not obviously worse than a terrorist who was free in the first place.

We evaluate outcomes differently when we feel we are in control or should be in control. We should examine this intuition carefully, since it is not always justified.

We also treat an outcome differently when we feel it allows an enemy of ours to “get back at us.” I suspect this difference in feeling is not usually justified and that it is the primary driver behind the fear of releasing terrorists.

I can think of “political theater” reasons why an attack from a released terrorist would be worse than an attack from an “already free” terrorist. Overall I do not yet feel that we are thinking about this issue rationally.

Tyler Cowen is obviously so smart that he’ll simply rationalize all those terrorists into utter irrelevance before they can shoot him or blow him up.

While somehow I really suspect, in my heart of hearts, that the learned economics professor would very vehemently object to becoming a personal part of his own thought experiment, on the other hand, from his disinterested point of view, releasing tens or hundreds of murderous fanatics far, far from the DC suburbs where they most probably will harm no one other than some Iraqi or Afghan civilians, or the occasional US soldier, constitutes a perfectly acceptable exercise in statistical theory.

The emergence of a former Guantánamo Bay detainee as the deputy leader of Al Qaeda’s Yemeni branch has underscored the potential complications in carrying out the executive order President Obama signed Thursday that the detention center be shut down within a year.

The militant, Said Ali al-Shihri, is suspected of involvement in a deadly bombing of the United States Embassy in Yemen’s capital, Sana, in September. He was released to Saudi Arabia in 2007 and passed through a Saudi rehabilitation program for former jihadists before resurfacing with Al Qaeda in Yemen.

His status was announced in an Internet statement by the militant group and was confirmed by an American counterterrorism official.

“They’re one and the same guy,” said the official, who insisted on anonymity because he was discussing an intelligence analysis. ...

Mr. Shihri, 35, trained in urban warfare tactics at a camp north of Kabul, Afghanistan, according to documents released by the Pentagon as part of his Guantánamo dossier. Two weeks after the terrorist attacks of Sept. 11, 2001, he traveled to Afghanistan via Bahrain and Pakistan, and he later told American investigators that his intention was to do relief work, the documents say. He was wounded in an airstrike and spent a month and a half recovering in a hospital in Pakistan.

The documents state that Mr. Shihri met with a group of “extremists” in Iran and helped them get into Afghanistan. They also say he was accused of trying to arrange the assassination of a writer, in accordance with a fatwa, or religious order, issued by an extremist cleric.

However, under a heading describing reasons for Mr. Shihri’s possible release from Guantánamo, the documents say he claimed that he traveled to Iran “to purchase carpets for his store” in Saudi Arabia. They also say that he denied knowledge of any terrorists or terrorist activities, and that he “related that if released, he would like to return to Riyadh, Saudi Arabia, wherein he would reunite with his family.”

“The detainee stated he would attempt to work at his family’s furniture store if it is still in business,” the documents say.

This terrorist, let’s recall, was released by George W. Bush and Dick Cheney, along with dozens of others who have rejoined the jihad. Obama has 245 he can release.

The Guantanamo Detention Center is to be closed “within a year.”

The CIA is to close its network of covert overseas detention facilities.

Interrogation methods used by US Intelligence agencies will be limited to those approved by the US Army Field Manual

New York Times story
————————————————
Spook86 predicts that the worst of the lot will go to the Federal Maximum Security Prison in Florence, Colorado, and that the new load on the federal court system will provoke the creation of a new Federal Security Court system.

MacRanger predicts that the impact of the Obama reforms will assure a lot fewer illegal combatants are taken alive.

Susan J. Crawford, the convening authority for military commissions, Bob Woodward gleefully reports, has announced that she is unwilling to try Mohammed el-Qahtani (the intended 20th 9/11 hijacker who missed his flight) because interrogation techniques applied to him, including “sustained isolation, sleep deprivation, nudity and prolonged exposure to cold” impaired the poor chap’s health and thus amounted to torture.

Crawford . . . .said the combination of the interrogation techniques, their duration and the impact on Qahtani’s health led to her conclusion. “The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent. . . . You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive. It was that medical impact that pushed me over the edge” to call it torture, she said.

He says, if discomfort, embarrassment, and water poured on your face are torture, he was tortured himself.

Sustained isolation, sleep deprivation, nudity and prolonged exposure to cold I experienced in basic training. Waterboarding I experienced later during escape and invading training.

Here we have a Bush Administration official, with a long record of working for Dick Cheney, by the way, inhibited from prosecuting a principal participant in the worst attack on the United States in history costing the lives of 3000 innocent civilians
because she is willing to regard discomforts used in interrogation essentially identical to stresses endured by US military personnel in training as “torture.” Once Crawford is gone and some Obama appointee is in her place, we’ll have hairy Pathan mass murderers released because some corporal crushed their spirits with a cutting remark.

All this demonstrates that the Bush Administration approach of military commissions operating at Defense Department level in the full view of the domestic media and the humanitarian bien pensant left was always insane. The correct procedure was always minimum formality and drumhead courts martial for illegal combatants and captured terrorists under the immediate local US military authority followed by speedy dispatch to the Muslim Paradise at rope’s end.

Barack Obama is widely expected to fulfill his campaign promise to close the US detention center at Guantanamo, if not on Day One of his administration, as soon as can practically be arranged.

The prison at Guantanamo Bay has been made into a symbol of Bush Administration offenses by the left, and its closing will appropriately signal the left’s victory in the struggle with George W. Bush for public perception of reality. But, delightful as the consummating moment of wet liberal humanitarianism’s triumph ought to be, clever democrats like Obama can probably already predict the ultimate consequences.

Simply transferring jihadis to US federal prisons will amount to moving them to the US domestic justice system, with all of them armed and equipped with top flight representation right out of America’s best law schools and white shoe law firms. Renditioning Guantanamo inmates to remote foreign locations where leftwing reporters and attorneys from Shearman & Sterling are in shorter supply would be effective, but rendition has been made into a dirty word.

The Bush Administration, squirming and wriggling ineffectively under continual liberal attack, already released all the likely safe bets and questionable case prisoners.

Reuters reported yesterday on just how well that worked out.

The Pentagon said on Tuesday that 61 former detainees from its military prison camp at Guantanamo Bay, Cuba, appear to have returned to terrorism since their release from custody.

The Pentagon declined to give the names of the 61 released detainees, but at least one, Abdullah Saleh al-Ajmi, is pretty well known. He blew up seven Iraqi security force officers and himself in a suicide bombing last April 26th.

I’d say Barack Obama is in a no win situation.

President-elect Barack Obama has promised to ban waterboarding and other pain-inflicting soliciting techniques, as well as rendition. He has also promised to close the Guantánamo Bay prison.

More broadly, liberal Democrats in Congress intend to deploy a more moral counterterrorism, where the ends — stopping the slaughter of civilians by Islamic holy warriors — no longer justifies reprehensible means. Winning the hearts and minds of foreigners by remaining true to our nobler virtues is now seen as the way to defeat our enemies while preserving our essential goodness.

Sounds uplifting. Don’t bet on it happening.

Mr. Obama will soon face the same awful choices that confronted George W. Bush and Bill Clinton, and he could well be forced to accept a central feature of their anti-terrorist methods: extraordinary rendition. If the choice is between non-deniable aggressive questioning conducted by Americans and deniable torturous interrogations by foreigners acting on behalf of the United States, it is almost certain that as president Mr. Obama will choose the latter. ...

Rendition… is what Americans do when they realize that active counterterrorism against jihadists prepared to use mass-casualty weapons is an ethical, juridical and operational tar pit. It isn’t an ideal solution — American intelligence officers have no control of the questioning, and Washington can become beholden to foreign security services — but it’s a satisfactory compromise. Just ask Samuel R. Berger, the national-security adviser for President Bill Clinton, who no doubt worked through all the pitfalls when he first approved extrajudicial rendition.

In addition, the C.I.A. is able to guard the secrecy of foreign-liaison operations more effectively, especially from Congressional prying, than it can its own activities. It has also certainly paid close attention to how the press tracked some of its clandestine international flights carrying terrorism suspects after 9/11, and will in the future undoubtedly make it much harder to sleuth out who is going where.

A dense bipartisan moral fog surrounds rendition. Former senior Clinton officials can still deny that they sent anyone away in order that he be tortured. Few are as honest and frank as Walt Slocombe, a Clinton undersecretary of defense who once remarked that the difference between Democratic and Republican rendition was that Democrats “drilled air holes in the boxes.”