If detained as an enemy combatant, Abdulmutallab would certainly have had the right to consult with a lawyer to challenge his detention. We’re pretty sure he would have lost, since he did, after all, try to set off a bomb on an airplane. But he would have had no right to have a lawyer present during his interrogation, no right to remain silent, and no right to be Mirandized.
The attorney general is the nation’s top law-enforcement officer, so his preference for law enforcement over intelligence gathering is no surprise. But Congress may have directed its questions to the wrong person. Perhaps the senators should instead be asking them of the man who put the Justice Department in the driver’s seat in the first place.
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