Andy McCarthy Said "No" to the Justice Department Today (National Review)

National Review ^ | May 1, 2009 | Andy McCarthy

[greyfoxx39]

Friday, May 01, 2009 Andy McCarthy Said "No" to the Justice Department Today   [Kathryn Jean Lopez] Read this letter went to the Obama administration this morning. After being invited by the administration to be a prop in the interrogation debate, NRI's former federal prosecutor provides a clear, instructional dissent: 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. He writes that: 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. And gives them something to work with: 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. The letter is chilling and impressive in it's seriousness. It's a marked contrast from what I've seen from some of those who have the wheel. Please do read. 05/01 09:10 AMShare

[greyfoxx39]

This IS chilling....does anyone dare speak out anymore?

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.

[greyfoxx39]

Ping

[rudman]

There’s a good morning letter to you.

I hope those who received it are listening.

[Bloody Sam Roberts]

...does anyone dare speak out anymore?

No. Welcome to the NWO.

[SE Mom]

....does anyone dare speak out anymore?

Now that you mention it- yes- some DO dare speak out- for example, yesterday Brian Ross "spoke out" on ABC News, by naming and showing photos of the men who did the waterboarding for the CIA. So yeah- people are speaking out- but a lot of them are compromising the security of the nation.

[cricket]

[ 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. . .]

I hope those who received it are listening

They will 'file it' and forget it; and they no doubt, wrongly assumed it would not be made public. So their cheeks may be a bit flushed.

Andrew McCarthy and more like him; need to have a 'camera' more often on them, while they claim the truth of what is 'third-world mafia; passing as leadership in Washington.

A 'paid' page in the WAPO/NYT's would be great. (surely they have deals now, right, and especially, for their friends?)

This is classic Obama 'Republican outreach'; what it is in truth; and the only reason he 'invites' them to them the table.

[A. Morgan]

Excellent letter!

[MHGinTN]

McCarthy comment: "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."

Good on ya, Andy, for recognizing that axelrodesque astroturfing is all this faux panel was designed to support.

This twisted affirmative action fraudulent administration has a play book--Alinsky's Rules For Radicals--and they seldom veer from the Marxist methodology because it is taylor made for the astroturfing agenda.

Axelrod perfected manipulation of public opinion while shilling his astroturf techniques with industries. He's now the 'fuhrer maker' extraordinaire, and panels like this one Mccathy refused to be prostituted in is just one of several insipid steps Axelrod uses as he fabricates a false image and drives it into the public psyche.

[RobbyS]

In our next Republican administration, I know who I want for AG.

[MHGinTN]

Meant to ping you ... it is classic obscene astroturfing methodology. Deception isn’t always perfectly organized, but with the media as his sycophantic allies in the Marxist takeover, the application will work just as well since it will be pushed by the enemedia as ‘the cause for change’. Disgusting fifth column media is to be despised now.

[JimSEA]

. . . [T]he 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. . . . 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.

Needs repeating.

[cricket]

Disgusting fifth column media is to be despised now.

Yes. . .and they are all aparatchiks. ..useful idiots. Nothing more. It is not only disgusting; it is so depressing that we have come to this. . .or rather; that they have.

[Madame Dufarge]

Good man.

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.

[brytlea]

And mark my words. If those guys do kill/attack anyone in the US it will be blamed on their internment in Gitmo. As usual, Bush’s fault.

[Madame Dufarge]

No doubt about it.

[Brytani]

Obama’s ability to hoodwink the American people by placing blame on everything wrong with the country on Bush’s shoulders shows the complete and only reason the people of America have lost their way.

A real man, a real leader takes responsibility for the job they undertake. They do not complain, they do not make accusations against those who sat in the seat before them. Real leaders put their nose to the grindstone and does his job.

American’s no longer recognize what a real man or a real leader is.

We no longer have morals in the US, we have “feelings”.

We no longer have self responsibility, we have a nanny state.

We no longer have people of high moral charachters elected to public office, instead we have rubber spinned corrupt nitwits who care more about the office they were elected into then the people who put them there.

America has turned into one huge Jerry Springer show.

[seekthetruth]

You said it! I agree and so happy to see this excellent, honest letter from Andy McCarthy!

[seekthetruth]

Rush talking about McCarthy letter now. :)