Obama & Holder - Justice Perverted; National Security Compromised

Justice, Obama/Holder Style [Andy McCarthy]

Binyam Mohammed: jihadist plotting mass-murders against American cities — released outright.

Laith Qazali: abduction/murder of 5 U.S. soldiers in Karbala — released outright.

Irbil 5: Iranian IRGC operatives (i.e., the same guys who murdered 19 of our air force at Khobar Towers in '96) coordinating Iraqi terrorist operations that have killed HUNDREDS of U.S. forces in Iraq since 2003 — released outright.

New Black Panther Party operatives on videotape intimidating anti-Obama voters — charges dropped after DOJ had already won the case.
CIA Interrogators who obtained information that saved countless American lives — under investigation.

Bush officials who deliberated over national-security policies that prevented another 9/11 (many of which the Holder/Obama DOJ have defended in court and, however inadvertently, in Congress) — under investigation.


"Had [President Bush's Warrantless Surveillance Program" been in place before the [9/11] attacks, hijackers Khalid Almidhar and Nawaf Alhazmi almost certainly would have been identified and located." [Andy McCarthy]

Another Friday night, another dump by the Obama administration of a report underscoring the vital importance of President Bush's post-9/11 national security tactics.

The above quote about Midhar and Hazmi and is from Gen. Michael Hayden, the former CIA director who was director of the NSA when that agency ran Bush's "Terrorist Surveillance Program." It is a bombshell mentioned in passing on page 31 of the 38-page report filed by five executive branch inspectors general (from DOJ, DOD, CIA, NSA, and the Office of the Director of National Intelligence) pursuant to Congress's 2008 overhaul of FISA (the 1978 Foreign Intelligence Surveillance Act).

I'll have more to say about the report this week, but it also contains some other interesting facts that the folks who drop these reports late on summer Fridays would rather you didn't linger over. For example:

* Alberto Gonzales did not attempt to mislead Congress in 2007 when he testified that the controversy that erupted at the Justice Department in 2004 was not over what was popularly known as the "terrorist surveillance program" (i.e., the NSA's warrantless surveillance program to intercept suspected terrorist communications that crossed U.S. borders — the effort the Left smeared as "domestic spying"). In fact, as Gonzales told the Senate judiciary Committee, the controversy was about other intelligence activities.

* When congressional Democrats rolled their eyes, suggested that Gonzales was lying, and groused that a special prosecutor should be appointed, they well knew he wasn't lying — but they also knew he couldn't discuss the intellligence activities at the center of the controversy because those activities were (and remain) highly classified. That is, they knowingly badgered the Attorney General of the United States at a hearing in a calculated effort to make him look dishonest and to intimate something they knew to be untrue: namely, that the dispute at DOJ arose because senior officials believed warrantless surveillance was illegal.

* Before Gonzales and President Bush's then chief-of-staff, Andy Card, went to see Attorney General Ashcroft in the hospital (where he was being treated for pancreatitis), President Bush directed his administration to meet with top congressional Democrats and Republicans (Senate leaders Frist and Daschle, Speaker Hastert and House minority leader Pelosi, Roberts and Rockefeller from Senate Intel, and Goss and Harman from House Intel) to alert them that Ashcroft's deputy, Jim Comey, had refused to sign off on intelligence activities that Ashcroft had previously approved. Advised of the problem, the Gang of Eight did not agree to a quick legislative fix but, according to Gonzales's contemporaneous notes, agreed that the intelligence activities should continue. (Three years later, after Gonzales's testimony, Pelosi, Rockefeller and Daschle claimed that they hadn't agreed.)

* Only after this meeting with the bipartisan congressional leaders, and with the prior 45-day authorization for all the program's activities about to expire, did Gonzales and Card go to the hospital to visit the ailing Ashcroft — at the direction of President Bush.

* Between the time the time the collection intelligence activities that came to be known as the "Terrorist Surveillance Program" was first authorized after the 9/11 attacks until the warrantless surveillance aspect of the program was exposed by the New York Times in December 2005, the Bush administration briefed the bipartisan leadership of the congressional intelligence committees 17 times about the activities involved in the program.

In sum, congressional Democrats knew about the program and knew that the dissent of the Justice Department's senior leadership in 2004 was not about warrantless surveillance. They knew that if they postured that the dissent was about warrantless surveillance, Gonzales — not an adept communicator — would not be able to rebut them in a public hearing because the details of the dispute were classified. Congressional Democrats also knew that President Bush agreed to make changes in the program in March 2004 to assuage DOJ's concerns, and they knew that the program activities continued thereafter for a year-and-a-half (i.e., until the Times blew part of the program) without incident and with bipartisan congressional leadership continuing to be briefed.

The politicizing of the nation's security that went on here was shameful.