[Congressional Record Volume 156, Number 15 (Tuesday, February 2, 2010)]
[House]
[Pages H454-H455]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ATTORNEY GENERAL ERIC HOLDER MUST BE HELD ACCOUNTABLE IN WAR ON TERROR

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Michigan (Mrs. Miller) is recognized for 5 minutes.
  Mrs. MILLER of Michigan. Mr. Speaker, several weeks ago, our Nation 
received a very vivid reminder that Islamic terrorists are still at war 
with our Nation and are bent on killing innocent American citizens. On 
Christmas Day, an Islamic extremist attempted to blow up Northwest 
Flight 253 as it was on its final approach from Amsterdam into Detroit 
Metro Airport with a sophisticated bomb that was smuggled onto the 
plane in his underwear. This terrorist had been radicalized by al Qaeda 
on the Arabian Peninsula and trained in camps in Yemen.
  Following his capture in Detroit, he was only questioned by FBI 
agents for a total of 50 minutes. Then, after that initial questioning, 
the bomber was sent to the University of Michigan Burn Center, which is 
probably the best medical care in the entire world, all at taxpayer 
expense. Then Attorney General Eric Holder had to decide how to 
proceed.
  Did Attorney General Holder and the Justice Department immediately 
share the information that they had gathered, the intelligence, with 
senior intelligence officials? No. Did Attorney General Holder declare 
this terrorist an enemy combatant and turn him over to the military for 
further questioning? No. Did Attorney General Holder have the FBI 
continue the questioning in order to obtain more actionable 
intelligence? No.
  So what did Attorney General Holder have the FBI do? He instructed 
them to give full Miranda rights to this terrorist, including the right 
to remain silent, and gave him not one, not two, but actually three 
taxpayer-funded attorneys. And guess what? After he lawyered up, he 
shut up.
  The Attorney General did this even though this terrorist had fresh, 
firsthand knowledge of al Qaeda on the Arabian Peninsula, even though 
he had previously given actionable intelligence. And now we have made 
it very difficult to obtain any further intelligence, intelligence that 
could have led to the disruption of other planned terrorist attacks or 
assistance in unwinding this terrorist network.
  And we need to ask the question, ``Why?''
  I believe that Attorney General Holder has built a culture within the 
Justice Department that seems to put the rights of terrorists ahead of 
the safety of our Nation. Let us remember that prior to becoming the 
Attorney General, Eric Holder and his law firm represented many, many 
terrorists pro bono; that is, for free. These terrorists were held in 
the military justice system, and they argued for their transfer to the 
civilian justice system, wanting to give them full constitutional 
rights. As well, he has placed other attorneys who have also 
represented terrorists held by our government into high-ranking 
positions within the Justice Department.
  The Attorney General, Mr. Speaker, has not answered questions as to 
why senior intelligence officials were not consulted on how to proceed 
or why this terrorist was not treated as an enemy combatant. Mr. 
Speaker, it almost seems like Attorney General Holder has gone into the 
Witness Protection Program with regard to the Christmas Day bomber. If 
this Congress is to do its duty to provide appropriate oversight in the 
handling of these issues, Attorney General Holder must answer these 
questions.
  Unfortunately, the lack of his consulting with intelligence officials 
or senior national security officials is nothing new. Attorney General 
Holder did not consult with senior military or intelligence officials 
before deciding to try Khalid Sheikh Mohammed and other 9/11 
conspirators in New York City. He did not consult with the police 
commissioner or the mayor about security concerns before making that 
decision. And now New York officials have finally come forward and 
objected to this trial being held just a few blocks away from Ground 
Zero because of

[[Page H455]]

their security concerns and, of course, the cost that is associated as 
well.
  The administration is now looking for new locations to hold this 
trial as well as budgeting $200 million for the first year alone to 
cover security costs. So this decision not only makes us less secure 
and gives a terrorist a platform from which to spew their hateful, 
anti-American rhetoric, it will cost the United States taxpayers 
hundreds of millions of dollars, all to extend a pre-9/11 mindset that 
views terrorism as a criminal offense instead of illegal acts of war.
  Mr. Speaker, I would respectfully offer some advice to President 
Obama and Attorney General Holder: Hand over the Christmas Day bomber 
to the military and intelligence officials and allow for an appropriate 
interrogation that will yield additional intelligence that will protect 
America, and keep Khalid Sheikh Mohammed and the other terrorists 
slated for civilian trials in New York City or wherever they end up at, 
keep them at Gitmo and try them before military commissions. Just over 
a year ago, they were prepared to plead guilty before military 
commissions, before Eric Holder made the decision to give them special 
rights. We could have executed one of them by now.
  I sincerely hope that the President and his Attorney General rethink 
their current approach which, I believe, Mr. Speaker, is very dangerous 
for America.

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