Officials from the Central Intelligence Agency participated in a government-wide discussion on Christmas Day about how to handle a Nigerian national who allegedly attempted to blow up a Detroit-bound passenger airliner, the Los Angeles Times reported today, citing unnamed sources.
The decision to advise Umar Farouk Abdulmutallab of his Miranda rights rather than put him in military custody for interrogation was made after “hastily called teleconferences” between representatives of the Department of Justice, Federal Bureau of Investigation, State Department and CIA, the newspaper said. By that time, the suspect had stopped talking with law enforcement, the Times said.
The Times story appeared as the Justice Department found itself increasingly on the defensive over the matter.
Republicans say Abdulmutallab should have been taken into military custody for questioning by intelligence officials. Director of National Intelligence Dennis Blair, a Barack Obama appointee, has also criticized the decision to charge Abdulmutallab criminally. The issue has become politically sensitive for Holder, with GOP senators demanding he come to Capitol Hill to explain his role. Sen. Lamar Alexander of Tennessee, the GOP’s No. 3 leader in the Senate, even suggested Sunday that Holder consider resigning over the incident.
The Times story appeared to push back against the criticism by suggesting the CIA had been at the table all along.
It still isn’t clear who precisely authorized treating the accused al-Qaeda operative as a criminal suspect with rights against self-incrimination. No one in the government has come forward publicly yet to explain how the decision was made, though White House spokesman Robert Gibbs on Jan. 21 said he believed that decision ultimately lay with Attorney General Eric Holder.
Citing unnamed sources, the LA Times said after Northwest Airlines Flight 253 landed in Detroit on Christmas Day, Abdulmutallab was taken to a hospital for treatment for burns allegedly sustained after he tried to ignite explosives in his underwear.
He was question by two experienced counter-terrorism agents who have “been around a long time and have traveled internationally,” an anonymous source told the newspaper.
The questioning lasted just shy of an hour. The agents did not immediately tell him he had the right to remain silent or let his words be used against him at trial, citing an exemption that allows law enforcement officials to pose questions if they believe another crime is about to be committed. The suspect gave information that suggested other terrorism plots were in the works, the newspaper said.
But then, doctors said they needed to sedate Abdulmutallab to treat his injuries. By the time Abdulmutallab was available again for questioning, he had clammed up. The decision was made to read him his Miranda rights. The Obama administration’s policy is to try terrorism suspects arrested on U.S. soil in federal courts rather than in military commissions.
Department of Justice spokesman Matthew Miller last week released a list of other successful terrorism prosecutions, including that of Zacarias Moussaoui, a French citizen and al-Qaeda operative who was arrested after the Sept. 11, 2001 attacks and convicted in the Eastern District of Virginia.
