Sunday, April 28, 2013

Obama's National Security Fraud

by Thomas Lifson

Andrew McCarthy, the former federal prosecutor who handled the Blind Sheikh and thus a man to be reckoned with, calls out the fraud at the heart of the Obama Administration's handling of the Tsarnaev case in National Review Online today.   It is an absolute must read, for McCarthy explains the technicalities of law that make the case for fraud - selling something on the basis of an untruth.

This is serious business, for a person of McCarthy's standing to charge fraud. But systematically, he lays out the four "canards" (lies would be another acceptable term) describing the false premises sold to the public over the handling of Dzhokhar Tsarnaev. He is a master of the technicalities, and lucidly explains them.  Equally important is his explanation of why the administration is basing its national security policy on this fraud.

McCarthy sees through the Obama administration game, he's got their number. First they softened the public up with the public safety exception argument, which McCarthy points out was bogus from the start. This was the first con:

...the administration rolls out canard No. 1: the "public-safety exception." The public is led to believe that this exception means agents have at least 48 hours of freewheeling interrogation before Miranda kicks in and the terrorist clams up (upon lawyering up). This is brazenly false.
The public-safety exception is an exceedingly limited end-around. It applies only when arrest is accompanied by an immediate threat to public safety. It is not designed to provide the government with an information-gathering advantage against the arrestee. It is narrowly tailored to address the threat that triggers the exception.
There is no 48 hours. The exception ends when the threat ends - which, in the view of most courts, happens as soon as the detainee is rendered defenseless.

The administration realizes the public doesn't understand this. They are being duped. It is just a little bit complicated to explain, so the media aren't going to do the job.

McCarthy lists three other canards, all of them insightful. He understands the inner workings of the legal processes and explains them clearly in the course of unmasking the fraud.  I won't summarize them because you really should read this essay. It ought to define our further discussion of the Obama administration's handling of the case.

The Obama administration sells falsehoods to the public as standard operating procedure, and most of the time succeeds because the public is ignorant, and the media uncurious. They are fraudsters, or as I like to call them, con men. And the smooth talker in chief is a really good one.

Thomas Lifson


Copyright - Original materials copyright (c) by the authors.

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