Cafe de Mello

In my post “Lindsey Graham Wants To Surrender To Al Qaida,” I suggested that by ignoring the rights of those suspected of terrorism and thereby abandoning our commitment to the principles in our Constitution we are giving Al Qaida the victory it wants—changing the fabric of our society out of fear.

In the hours since I wrote that, new information has become available that highlights how acting on our principles strengthens our national defense. Umar Farouk Abdulmutallab, the Nigerian “Underwear Bomber” accused of attempting to blow up a flight to Detroit on December 25^th 2009, is again providing valuable information to the FBI. According to a Wall Street Journal Article, “He's been talking for a number of days," a law enforcement official said. "Has provided actionable intelligence that we're following up on."

Much of Abdulmutallab’s willingness to talk has been inspired by two of his family members who the FBI flew back from Nigeria. This is a interrogation tactic that probably would not have been available had Mr. Abdulmutallab been transferred into military custody as many Republicans seem to prefer.

It is beyond the scope of this post to review the entire history of the civilian v. military interrogation controversy. But my impression, and my graduate training as a counselor, indicates that as opposed to harsher treatment (which tends to harden the suspect against talking as it confirms his/her belief that the US is the sort of monster he/she has been led to believe) gentle relationship building which shows that the US is dedicated to human rights produces the best results.

Looking at comments to the articles about Abdulmutallab, I know there is going to be an abundance of wild speculation about what might have happened had we somehow gotten the information from him sooner (as I noted above, there is no guarantee that transferring Abdulmutallab to the military for more immediate interrogation would have yielded more immediate results, or any actionable results.) Contrary to initial reports, and those still being carried on Fox News, Abdulmutallab was not read his Miranda right until after he received medical treatment, at which time he was more combative and asked for a lawyer (Which he has right to under any circumstances, including transfer to the military as an “enemy combatant.”)

The chicken hearts among us will continue to wail about how persons like Abdulmutallab should not be treated like ordinary criminals. However, our experience with this man demonstrates that our strength lies precisely in upholding our Constitutional commitment to the rule of law and civil rights.