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Judge Mukasey on Interrogation and the Trail to bin Laden



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Former attorney general Michael Mukasey has a great op-ed in this morning’s WSJ about how crucial intelligence gleaned from terrorist interrogations is to our security. He also addresses the Obama administration’s rashness not only in scrapping the CIA interrogation program before understanding its nature but in taking further steps — the public revelation of techniques, the hounding of CIA agents by the Justice Department — that will make it difficult to reinstate an effective interrogation program. It’s all worth reading. Here’s a sample:

The current president ran for election on the promise to do away with them even before he became aware, if he ever did, of what they were. Days after taking office he directed that the CIA interrogation program be done away with entirely, and that interrogation be limited to the techniques set forth in the Army Field Manual, a document designed for use by even the least experienced troops. It’s available on the Internet and used by terrorists as a training manual for resisting interrogation.

In April 2009, the administration made public the previously classified Justice Department memoranda analyzing the harsh techniques, thereby disclosing them to our enemies and assuring that they could never be used effectively again. Meanwhile, the administration announced its intentions to replace the CIA interrogation program with one administered by the FBI. In December 2009, Omar Faruq Abdulmutallab was caught in an airplane over Detroit trying to detonate a bomb concealed in his underwear. He was warned after apprehension of his Miranda rights, and it was later disclosed that no one had yet gotten around to implementing the new program.

Yet the Justice Department, revealing its priorities, had gotten around to reopening investigations into the conduct of a half-dozen CIA employees alleged to have used undue force against suspected terrorists. I say “reopening” advisedly because those investigations had all been formally closed by the end of 2007, with detailed memoranda prepared by career Justice Department prosecutors explaining why no charges were warranted. Attorney General Eric Holder conceded that he had ordered the investigations reopened in September 2009 without reading those memoranda. The investigations have now dragged on for years with prosecutors chasing allegations down rabbit holes, with the CIA along with the rest of the intelligence community left demoralized.

Immediately following the killing of bin Laden, the issue of interrogation techniques became in some quarters the “dirty little secret” of the event. But as disclosed in the declassified memos in 2009, the techniques are neither dirty nor, as noted by Director Hayden and others, were their results little. As the memoranda concluded—and as I concluded reading them at the beginning of my tenure as attorney general in 2007—the techniques were entirely lawful as the law stood at the time the memos were written, and the disclosures they elicited were enormously important. That they are no longer secret is deeply regrettable. 



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