Wednesday, February 03, 2010

The Diaper Bomber Comes Clean

On January 5th in an on-line discussion forum I said: "From my experience, the FBI (and CIA) and experienced federal prosecutors are more than capable of gaining full cooperation from defendants who have lawyers within the criminal justice system."

The major news outlets are now reporting: "Christmas Day bombing suspect Umar Farouk Abdulmutallab has been providing FBI interrogators with useful intelligence about his training and contacts since last week, a law enforcement source said Tuesday."
http://www.washingtonpost.com/wp-dyn/content/article/2010/02/02/AR2010020202995.html?hpid=topnews

There remains legitimate concern that intelligence of imminent threats within the U.S. was lost following the initial interviews (he actually stopped talking before Miranda rights were read to him) and prior to this later cooperation. However, there have been no successful attacks against us since the crimorist's (combining "criminal" with "terrorist" to avoid the label argument) arrest. Apparently the FBI took time to develop cooperating family members to assist in the "conversion" process. This effort coupled with the inherent threats to him as a very young man within the criminal justice process: life sentence, max-security isolation, etc. appear to have opened him up. A defense attorney must look to what course of action would result in the most favorable outcome for the client. In most cases with solid evidence of guilt (the "smoking diaper") cooperation is the best course. However, it remains with the defendant just how much to reveal or cooperate. One of my approaches was to point to a statuette of the scales of justice and tell the defendant that I had his balls on one of the scales and just how much he placed on the other scale by his cooperation determined the ultimate balance of justice. Whether one is attempting to obtain cooperation of a criminal defendant or to recruit someone to spy, the more one can develop (or manufacture) deep psychological connections leading to trust in a cooperative rather than confrontational effort, the greater the probability of truthful, full and continuing disclosure and assistance. The youth and apparent conservative family background of this guy should have been a solid foundation from which to reverse his extremist connection.

The central issue I present is that this cooperation developed within the criminal justice system. How valuable will be his cooperation? We may never know. I do know that the CIA, FBI, Spec. Ops and others below the political line are patriots who will work with all source intelligence silently in the shadows to protect us. The only need to know the successes or failures is with the elected politicians who can provide assistance to their efforts. There are even a few patriots among those elected. The public has never had and does not need a valid scorecard.

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