First, the Fort Hood Army Psychiatrist, then the Christmas Day Panty Bomber and now the NYC SUV car bomber. Anyone else out there getting a bit nervous that America is under a growing threat from radical Islamic Jihadists? If so, you ask - why? Well, see prior Blog: The War on Terror is Over, Only We Lost.
But, u say, the alleged NYC culprit is a naturalized American citizen arrested on American soil, so the Constitution absolutely requires that he be treated immediately and ONLY as a criminal defendant , including given all his Miranda rights before prosecution in civilian court. Well, not so fast partner.
I don't want Shahzad punished to the total exclusion of the needed federal government's protection of Americans in the ongoing WAR. Ironic isn't is that liberals always call conservatives as being too simplistic, seeing only absolute good and evil in a far more nuanced and complex world. Instead, please help me resurrect the Clinton Administration "Wall of Separation" between the DOJ and the CIA. Upon his capture, Shahzad should have been given a bifurcated classification - first, enemy combatant (EC), to be subsequently converted to a criminal defendant. As an EC, he would be interrogated exclusively by the Intelligence Agencies to gather actionable intel to protect us from future terrorist attacks. None of this EC information would or could be used against Shahzad in his subsequent civilian court prosecution. Then, when he is no longer vital to assist our national defense, he would be transferred back to DOJ for trial in civilian court, with the prosecutors limited to only pre-capture evidence gathered outside of his intel questioning.
Tell yourself if this nuanced and bifurcated government classification of Shahzad is just too complicated for the complex liberal mind. In answering this inquiry, please remember that the U.S. Constitution is not a suicide pact, irrespective of Rachel's and Glenn's love-fest hug demanding that no citizen be made subject to compulsory intel questioning in wartime, even when caught with their pants (or SUVs) on fire. Just saying...
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