Umar Farouk Abdulmutallab

Conservatives Quiet After Saying Civilian System Couldn't Handle Underwear Bomber

Ryan J. Reilly | February 17, 2012, 11:58AM

Umar Farouk Abdulmutallab, the so-called "underwear bomber," was sentenced to life in prison Thursday following his trial in federal court. Two years ago, Republicans insisted trying Abdulmutallab in federal court was a terrible idea.

There was a time when the circumstances surrounding Abdulmutallab's arrest were part of a lengthy national debate about the best way to handle terrorism cases. There were letters, television appearances and press releases calling on the Obama administration to reverse its position and send Abdulmutallab into the military tribunal system due to perceived weaknesses in the civilian court system.

Now that he's locked up for life, it's pretty much radio silence. A search for press releases mentioning Abdulmutallab from members of Congress this week turns up just one, from Rep. Adam Smith (D-WA), who said the sentence 'demonstrations that our federal court system is fully capable of bringing terrorist to justice."

Still it's worth revisiting just what critics of the civilian court system predicted. Some examples:

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Umar Farouk Abdulmutallab

'Hey, Dude, Your Pants Are On Fire': 'Underwear Bomber' To Plead Guilty

Ryan J. Reilly | October 12, 2011, 10:20AM

Flight 253 bomb attack suspect Umar Abdulmutallab

Updated:Oct. 12, 12:42PM

Some breaking news from the trial of Umar Farouk Abdulmutallab: the Nigerian man who allegedly tried to blow up an airplane with a bomb in his underwear plans to plead guilty, according to the Associated Press.

The development came on the second day of the trial. On Monday, witness Mike Zantow testified that he heard another passenger tell Abdulmatallab: "Hey, dude, your pants are on fire."

Jurors were supposed to hear from a flight attendant and other passengers on the December 2009 flight today.

Attorney General Eric Holder said the outcome proved that civilian courts could handle terrorism cases.

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FBI

Judge In 'Underwear Bomber' Case Upholds Obama's Miranda Exception

Ryan J. Reilly | September 19, 2011, 12:30PM

Flight 253 bomb attack suspect Umar Abdulmutallab

The federal judge handling the case against the so-called "underwear bomber" just handed the Obama administration a major victory in their approach to Miranda rights for terror suspects, endorsing their interpretation of the public safety exception.

U.S. District Court Judge Nancy G. Edmunds ruled that the government could use statements that Umar Farouk Abdulmutallab allegedly made before he was advised of his Miranda rights in his upcoming trial.

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Umar Farouk Abdulmutallab

Feds Built Their Own Underwear Bomb For Abdulmutallab Case

Ryan J. Reilly | September 12, 2011, 2:10PM

The underwear bomb allegedly worn by Umar Farouk Abdulmutallab.

An expert witness for the federal government in the case against alleged "underwear bomber" Umar Farouk Abdulmutallab has constructed a version of the bomb the Nigerian 24-year-old allegedly tried to set off on a plane en route to Detroit on Christmas Day 2009.

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Umar Farouk Abdulmutallab

Senate Releases Report On Attempted Christmas Day Bombing

Jillian Rayfield | May 18, 2010, 5:12PM

Flight 253 bomb attack suspect Umar Abdulmutallab

The U.S. Senate Select Committee on Intelligence released a report today on the alleged attack attempt on Northwest Airlines Flight 253 by Umar Farouk Abdulmutallab.

The Committee concluded that there were 14 points of failure by the intelligence community in its inability to detect the Christmas Day bombing attempt.

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Obama Administration

Experts: Obama Admin Pioneering Robust Use Of Miranda Exception In Terrorism Cases (VIDEO)

Justin Elliott | May 7, 2010, 5:52PM

Attorney General Eric Holder

The Obama Administration is applying an old exception to the Miranda rule in a new way in order to interrogate terrorism suspects before reading them their rights, several experts tell TPMmuckraker, finding what one law professor calls a "middle ground" between those who want suspects put through the criminal justice system and those who believe they should be classified as "enemy combatants."

Federal agents questioned both Faisal Shahzad, the man accused of planting a makeshift bomb in Times Square, and Umar Abdulmutallab, the failed Christmas Day bomber, under the so-called public safety exception to the Miranda rule for substantial periods before informing the men of their right to remain silent, and to an attorney.

Information gleaned during questioning under the public safety exception -- in which police "ask questions reasonably prompted by a concern for the public safety," according to the 1984 Supreme Court case that recognized the exception -- is admissible at trial.

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Meet The Press

Maddow Calls Out GOP Rep For Flubbing Facts Of Abdulmutallab Case (VIDEO)

Justin Elliott | February 15, 2010, 8:59AM

Rep. Aaron Schock (R-IL).

On Meet The Press yesterday, Rachel Maddow challenged Rep. Aaron Schock (R-IL) on the issue of the Miranda warning read to the attempted Christmas bombing suspect, correcting Schock's assertion that Abdulmutallab stopped talking after he was read his rights.

"What's the basis of the assertion that reading someone their Miranda rights in unsafe? We did that with every single person who's been arrested on terrorism charges since 9/11," Maddow said.

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Dana Perino

Perino: Shoebomber And Undiebomber Are 'Apples And Oranges' (VIDEO)

Justin Elliott | February 11, 2010, 6:09PM

In an appearance on Fox today, Dana Perino continued the attack on the Obama Administration's handling of the attempted Christmas bombing, dismissing comparisons to the Richard Reid shoe-bombing case as "apples and oranges."

Despite the similarities between the two cases, and despite the fact that President Bush had OKed the use of military tribunals in November 2001, a month before the shoe bombing attempt, Perino argued that the context in which the two cases unfolded were significantly different.

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Umar Farouk Abdulmutallab

Leahy And Feinstein: Try Terrorists In Federal Courts

Justin Elliott | February 11, 2010, 2:41PM

Sen. Dianne Feinstein (D-CA) and Sen. Patrick Leahy (D-VT)

More than a month after Republicans started attacking President Obama for prosecuting the attempted Christmas bombing suspect in federal court, two top Senate Dems have finally come out to back Obama in strong terms.

Patrick Leahy and Diane Feinstein, chairs of the Judiciary and Intelligence committees, respectively, write in a letter to the president today that federal criminal courts -- not military commissions -- should be used to prosecute terrorists.

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Miranda rights

Overlooked On Newt-Stewart Exchange: Is Gingrich Confused About The Law?

Justin Elliott | February 10, 2010, 5:59PM

Newt Gingrich and Jon Stewart

As long as it's Miranda day around here: there's something in danger of being lost in all the chuckling today over Newt Gingrich's misidentification of shoebomber Richard Reid as an American citizen.

The fact is, non-citizens have the same rights under the U.S. criminal justice system as citizens. Non-citizens must be read their Miranda rights before so-called "custodial interrogation" by the police, just like anyone else.

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Umar Farouk Abdulmutallab

The Obama-GOP Miranda Showdown: Everything You Think You Know Is Wrong

Justin Elliott | February 10, 2010, 11:12AM

Sen. Kit Bond (R-MO), Rep. Pete Hoekstra (R-MI), and Deputy National Security Advisor John Brennan (inset)

On close scrutiny, this week's intense debate over Miranda rights for Umar Abdulmutallab -- culminating in GOP calls for a top Obama aide to resign -- largely falls apart.

The key point of dispute -- whether four Republican leaders should have assumed that the Christmas bombing suspect had been Mirandized after a phone call from Obama aide John Brennan, in which the GOPers were told that Abdulmutallab was in FBI custody -- is moot in light of the facts of the case.

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Umar Farouk Abdulmutallab

Cheney, Ridge Pioneered Miranda Attack On Obama

Justin Elliott | February 9, 2010, 3:43PM

Former Homeland Security Secretary Tom Ridge and Former Vice President Dick Cheney

It turns out that the criticism surrounding the decision to read Miranda rights to the attempted Christmas bombing suspect didn't originally come from any office-holding Republican.

Rather, it was pioneered by Tom Ridge and Dick Cheney in the days after Christmas, and only later picked up by members of Congress like Rep. Pete Hoekstra (R-MI) and Sen. Kit Bond (R-MO).

With the heated Obama-GOP back-and-forth this week over the Mirandizing of Umar Abdulmutallab, we decided to look back at the facts of what happened, and when critics pounced on the issue.

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John Brennan

Obama Admin On Al Qaeda: Don't Panic!

Justin Elliott | February 9, 2010, 9:17AM

Deputy National Security Advisor John Brennan

Ramping up the push-back against GOP criticism of the handling of the attempted Christmas bombing suspect, a top Obama aide argues in a new op-ed that America's "system of justice" is fully capable of dealing with terrorists.

Writing in USA Today, Deputy National Security Advisor John Brennan calls, essentially, for the United States to calm down.

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Umar Farouk Abdulmutallab

Top Republicans Don't Dispute They Were Told Xmas Bomber Was Held By FBI

Justin Elliott | February 8, 2010, 4:02PM

National Security Adviser John Brennan with (clockwise from top left) Rep. Pete Hoekstra (R-MI), Rep. John Boehner (R-OH), Sen. Kit Bond (R-MO), and Sen. Mitch McConnell (R-KY)

There's a key point in danger of being lost in all the he-said-he-said froth over what Congressional Republicans were told in the hours after the failed Christmas attack: none of the GOP leaders disputes that an Obama aide informed them that suspect Umar Abdulmutallab was being held in FBI custody.

The real dispute is over what flows from that fact. John Brennan, Obama's national security adviser, said on Meet The Press Sunday that he called four Republicans -- Sens. Mitch McConnell and Kit Bond and Reps. John Boehner and Pete Hoekstra -- the night of the attempted Christmas attack.

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Northwest Flight 253

McCain Again Cites Bogus Abdulmutallab 'One-Way' Ticket Meme (VIDEO)

Justin Elliott | February 4, 2010, 2:01PM

Sen. John McCain (R-AZ)

A couple of weeks ago, Sen. John McCain got into a heated exchange with an Obama counterterrorism official who corrected the senator's false statement that the accused Christmas bomber traveled to Detroit on a one-way ticket.

Well apparently McCain, the third-ranking Republican on the Homeland Security Committee, didn't learn his lesson. Last night on Fox he once again claimed that the "fact" that Umar Abdulmutallab was traveling on a one-way ticket should have been a red flag.

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Obama Administration

Holder To GOP: We're Simply Doing What Bush Did

Justin Elliott | February 3, 2010, 2:24PM

Attorney General Eric Holder

In a letter to Sen. Mitch McConnell (R-KY), Attorney General Eric Holder is continuing the push back against GOP attacks on the Obama Administration's decision to handle Umar Abdulmutallab in American courts.

"Since the September 11, 2001 attacks, the practice of the U.S. government,
followed by prior and current Administrations without a single exception, has been to
arrest and detain under federal criminal law all terrorist suspects who are apprehended
inside the United States," Holder writes (emphasis in original).

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Umar Farouk Abdulmutallab

Are Military Tribunals Really Tougher On Terrorists Than Criminal Courts?

Justin Elliott | February 3, 2010, 1:27PM

Flight 253 bomb attack suspect Umar Abdulmutallab

With the debate over how to handle captured terrorists heating up, it's a good time to look back at the record of how military tribunals have worked in practice, and examine the uninterrogated assumption underlying the debate: that tribunals are tougher on terrorists than the criminal justice system.

A recent study by the liberal Center for American Progress found that in the very few cases of captured terrorists being tried in tribunals, the defendants were given lighter sentences than comparable cases in the criminal justice system.

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Northwest Flight 253

McCain Gets Schooled On Bogus Abdulmutallab 'One-Way Ticket' Meme (VIDEO)

Justin Elliott | January 20, 2010, 12:09PM

The one-way ticket meme lives!

Quizzing an administration official at the Homeland Security Committee Flight 253 hearing today, Sen. John McCain (R-AZ) pointed to a missed red flag: the fact that accused Christmas bomber Umar Abdulmutallab bought a one-way ticket with cash to travel from Lagos, Nigeria, to Detroit.

The only problem with that, of course, is that it's simply not true. As TPMmuckraker has documented, Abdulmutallab flew to Detroit on a round-trip ticket purchased in Ghana, according to the Nigerian government.

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Northwest Flight 253

Three Senate Panels Kick Off Flight 253 Hearings Today

Justin Elliott | January 20, 2010, 9:13AM

As three separate Senate committees today hold hearings on the failed Christmas attack over Detroit, watch for Republicans to take the opportunity to ramp up their criticism of the Obama Administration.

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Airline Security

Poison Pen: Could Family Disputes Game The New Watchlist System?

Justin Elliott | January 13, 2010, 10:35AM

A TSA agent at Newark Airport

As the Obama Administration prepares to loosen terrorist watchlist standards in the wake of the failed Christmas attack, experts say the phenomenon known as "poison pen" warnings could become a greater problem.

The term refers to a false warning about a potential threat, usually given overseas, and sometimes arising from family or other interpersonal disputes.

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Northwest Flight 253

Obama Admin To Congress: It Was Not A One-Way Ticket

Justin Elliott | January 13, 2010, 8:53AM

President Barack Obama

Remember the bogus "one-way ticket" meme we told you about earlier this week? That's the false idea that's been ricocheting around the media that Umar Abdulmutallab bought a one-way fare to fly to Detroit on Christmas, supposedly another red flag missed by authorities.

Well the myth was repeated so many times, the Obama Administration had to go to Congress to disabuse members of the idea. The Los Angeles Times reports:

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Northwest Flight 253

The Bogus Flight 253 'One-Way Ticket' Meme: Anatomy Of A Myth

Justin Elliott | January 11, 2010, 8:36AM

Umar Abdulmutallab (Fmr. Attorney General Michael Mukasey, President Obama, and columnist Michael Gerson inset)

In a remarkable example of how bad information can travel far and wide, dozens of media outlets around the world have said Umar Abdulmutallab was traveling on a one-way ticket to Detroit when he allegedly tried to blow up Flight 253, even though that has never been substantiated and appears to be flat wrong.

Abdulmutallab's "one-way ticket" has been cited in recent days by the AP, the Wall Street Journal, and the Washington Post, even though the Nigerian government said Dec. 28 that Abdulmutallab had a round-trip ticket, and provided details to back it up.

The "one-way ticket" meme was originally sourced to anonymous U.S. officials and has since been recited as an undisputed fact.

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Northwest Flight 253

Abdulmutallab Organized 'War On Terror Week' At UK University -- See The Poster

Justin Elliott | January 8, 2010, 12:18PM

Flight 253 suspect Umar Farouk Abdulmutallab

It's been reported in England and the U.S. in recent days that two years before Umar Farouk Abdulmutallab allegedly attempted to blow up Flight 253, the college Islamic Society of which he was president organized a "War on Terror Week."

But the poster from that University College London event, which has a corner notation "Approved by Umar Farook," has not been in circulation. Check it out below.

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Northwest Flight 253

State Dept. Didn't Think Abdulmutallab Had Visa -- Because Of A Misspelling

Justin Elliott | January 7, 2010, 5:31PM

Flight 253 suspect Umar Farouk Abdulmutallab

The Flight 253 review just released by the White House reveals that a "misspelling" of Umar Abdulmutallab's name led the State Department to believe he did not have the U.S. visa that he did in fact have -- but the implications of this revelation are not immediately clear.

Here's the nugget from the second-to-last page of the six-page report:

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Northwest Flight 253

Flight 253 Intel: What Did They Know And When Did They Know It?

Justin Elliott | January 7, 2010, 2:19PM

Later today President Obama is scheduled to talk about the latest details from the security review of the failed Flight 253 attack.

National Security Adviser James Jones is predicting that Americans will feel "a certain shock" by the results of the review.

But in the meantime, as Josh noted on the Editors Blog, we thought it would be worthwhile to compile what has been publicly reported about what U.S. government agencies knew about Abdulmutallab, including the supposed "warning signs" that were missed.

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Guantanamo

The Gitmo-Yemen-Flight 253 Connection: What We Know And How We Know It

Justin Elliott | January 6, 2010, 10:12AM

With the news Tuesday that the Obama Administration has decided to halt transfers of Gitmo detainees to Yemen, it's worth taking a closer look at what we do -- and do not -- know about the activity of former detainees in the group known as Al Qaeda in the Arabian Peninsula.

That's the al Qaeda "affiliate" that claimed responsibility for the failed Christmas attack over Detroit, and that President Obama has fingered as training and equipping Umar Abdulmutallab, the Nigerian man arrested in that incident.

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Umar Farouk Abdulmutallab

Bond On Detroit Case: Obama Didn't Learn From Bush's Mistakes

Justin Elliott | January 4, 2010, 12:47PM

Sen. Kit Bond (R-MO)

In a statement to TPMmuckraker, Sen. Kit Bond (R-MO) elaborates on his position that the Bush Administration made a mistake in not classifying shoebomber Richard Reid as an "enemy combatant" -- and that President Obama is now repeating that mistake in handling Umar Abdulmutallab.

But Bond, the top Republican on the Senate Intelligence Committee, does not explain why he did not speak out against Bush's handling of Reid at the time.

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Umar Farouk Abdulmutallab

Bond Spokesperson: Bush Erred In Trying Shoe Bomber As Civilian

Justin Elliott | January 4, 2010, 9:18AM

Sen. Kit Bond (R-MO)

Sen. Kit Bond (R-MO) on Sunday became the latest Republican to criticize the Obama Administration for handling the would-be Christmas day bomber as a civilian, and Bond's communications director added on Twitter that trying shoebomber Richard Reid in federal court was a "mistake."

The comments by Bond, the top Republican on the Senate Intelligence Committee, on Fox News Sunday echo calls by Rep. Pete Hoekstra (R-MI) and former Homeland Security Secretary Tom Ridge, for Umar Abdulmutallab to be tried in a military tribunal.

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Umar Farouk Abdulmutallab

ABC's Inaccurate Gitmo-Abdulmutallab Story Got Major Pickup

Justin Elliott | December 31, 2009, 1:16PM

ABC Correspondent Brian Ross

Just how far can one erroneous terrorism story travel?

By our very partial count, a since-corrected ABC report on the supposed role of ex-Gitmo detainees in planning the Detroit Christmas Day attack was picked up by at least 12 media outlets, and was cited by two members of Congress and legion right-wing bloggers.

Here's how the Dec. 28 story, which we've saved in its original form here, began:

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Umar Farouk Abdulmutallab

Hoekstra: Abdulmutallab Should Be Classified As 'Enemy Combatant'

Justin Elliott | December 30, 2009, 1:42PM

Rep. Pete Hoekstra (R-MI)

Rep. Pete Hoekstra (R-MI) believes the Obama Administration should have ordered that alleged terrorist Umar Abdulmutallab be taken into military custody and held as an enemy combatant, his spokesman tells TPMmuckraker.

Abdulmutallab is currently in federal prison in Michigan and is expected to be tried in U.S. district court.

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