Iraqi refugee pleads guilty to 23 counts of terror-related charges

posted at 10:03 am on December 17, 2011 by Ed Morrissey

An Iraqi refugee who turned out to have participated in the insurgencies prior to arriving in the US and took part in supporting them after his arrival created a controversy between Senate Minority Leader Mitch McConnell and the Obama administration.  Waad Ramadan Alwan lived in Kentucky, McConnell’s state, and his arrest by the FBI on terror-related charges uncovered his previously-unknown affiliation with al-Qaeda in Iraq.  McConnell demanded that the Department of Justice transfer him and his co-defendant Mohamad Shareef Hammadi to the military for detention at Guantanamo Bay, while the DoJ and White House insisted on trying him in federal civil court.  McConnell warned that a trial could make Kentucky a target for terrorism.

The DoJ now claims vindication after Alwan agreed to plead guilty to 23 terror-related charges:

A former Iraqi insurgent named Waad Ramadan Alwan has pleaded guilty to terrorism charges. Alwan and co-conspirator Mohanad Shareef Hammadi were arrested in Bowling Green, Ky., in May 2011 for allegedly providing assistance to Al Qaeda in Iraq and attempting to send weapons overseas.

Alwan pleaded guilty to 23 charges, including conspiracy to kill U.S. nationals abroad, conspiracy to use a weapon of mass destruction, and attempting to provide material support to terrorists for showing an individual diagrams of IEDs and how they could be constructed.

Alwan will be sentenced April 3, 2012; he faces 25 years to life in prison.  Hammadi is awaiting trial and has pleaded not guilty.

There are two arguments here because there are two phases to Alwan’s life in question.  Between 2003 and 2006, Alwan allegedly conducted operations of war against the US military in Iraq, where he was arrested in 2006. For some reason — and I suspect this had to do with the Bush and Obama administration efforts to get our allies to resettle Iraqi refugees — Alwan was brought to the US in 2009 as a refugee himself.  Shortly after his arrival, the FBI began an investigation of Alwan for attempting to supply insurgents in Iraq with missiles and other weaponry, including the IEDs in which he apparently specialized during his time as an insurgent.

The US should never have allowed Alwan into the US as a refugee, clearly.  He should have been either left in Iraqi custody, which would have been preferable, or taken prisoner by the US military and transported to Gitmo.  While a legal resident of the US, however, Alwan broke criminal laws in a terrorist conspiracy which the FBI detecting, investigated, and thwarted.

Both McConnell and the DoJ are sticking to their arguments in the aftermath of the guilty plea:

“The successful investigation, arrest, interrogation and prosecution of Mr. Alwan demonstrates the effectiveness of our intelligence and law enforcement authorities in bringing terrorists to justice and preventing them from harming the American people,” said Lisa Monaco, assistant attorney general for the Justice Department’s National Security Division.

Asked for a comment about the guilty plea, in a statement Sen. McConnell said on Friday night, “Today’s plea of guilt by Alwan, who boasted of killing US troops in a warzone overseas, and bragged that his ‘lunch and dinner would be an American’, confirms that he was a combatant who was associated with enemy forces overseas.  The military should have had custody of him to begin with for purposes of intelligence, detention and punishment.”

I can see validity in both arguments, but the time to put Alwan in custody of the military was 2009.  Once he became a legal resident of the US through his refugee status, the DoJ and civil institutions have jurisdiction, not the military.  Either way, I don’t expect to see Alwan breathing free air again for the rest of his life, and either way, that’s a good outcome.


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Once he became a legal resident of the US through his refugee status, the DoJ and civil institutions have jurisdiction, not the military.

Hear, hear!

JohnGalt23 on December 17, 2011 at 10:08 AM

Immigration lawyers can chime in but I am pretty sure that ‘refugee status’ like being a ‘permanent resident’ (green card holder) is not directly analogous to being a US citizen.

He’s a foreigner, an enemy combatant flying under no flag, who has admitted to killing and plotting to kill Americans.

Straight to Gitmo and a speedy military trial for him. This urge by leftists to somehow turn terrorism into the equivalent of petty theft is perverse, dangerous, and immoral.

CorporatePiggy on December 17, 2011 at 10:10 AM

Since it’s the weekend, I’ll water-board him if no one else is available.

perroviejo on December 17, 2011 at 10:11 AM

Water board him and then to GTMO.

mixplix on December 17, 2011 at 10:11 AM

Don’t we execute the likes of him anymore? after all this is war regardless of what the administration tells you!

GFW on December 17, 2011 at 10:20 AM

It’s past time to reconsider “refugee” policy.

Too many have become burdens to society at the least. Many have been found to enemies of our nation.

When are we going to take our borders and culture seriously?

FOWG1 on December 17, 2011 at 10:22 AM

Hear, hear!

JohnGalt23 on December 17, 2011 at 10:08 AM

There, there!

This terrorist was not a citizen. No doubt he lied about his terrorist activities before he was brought here by incompetent bunglers. There are no legal prohibitions to sending him to Guantanamo where he belongs. Any legal issues could have been resolved by first deporting him back to Iraq, which was clearly lawful and justified.

Obama and Holder have personal and political agendas they they have repeatedly placed before our national security. We will be immeasurably safer as a country the instant those two scurrilous scumbags are out of power.

We have a perfectly good facility to imprison unlawful enemy combatants under the laws of war. We should not hesitate to use it.

novaculus on December 17, 2011 at 10:26 AM

Wait till we start hearing about American citizens being shipped off to Gitmos.

Naaaaaah, never happen.

Oh wait…..is that a black van outside? Hey who are those guys getting out?

Hey….whaaaat?

PappyD61 on December 17, 2011 at 10:27 AM

This guy totally proves Ron Paul’s point.

Rixon on December 17, 2011 at 10:29 AM

US policy regarding the refugee resettlement program would shock most Americans if they only knew. The UN picks who becomes US refugees. Christians are being refused refugee status and face persecution and many times certain death for their religious beliefs under the sharia, while whole Muslim communities are entering the US by the tens of thousands per month despite the fact that they face no religious persecution.

http://atlasshrugs2000.typepad.com/atlas_shrugs/2011/11/-afghan-christians-in-danger-at-home-and-abroad-are-refused-refugee-status-while-muslim-refugee-emig.html

thedevilinside on December 17, 2011 at 10:36 AM

Ed, you missed two significant points.

As Andy McCarthy at the NRO has detailed, the Supreme Court reaffirmed in Hamdi and Padilla the President’s authority to detain enemy combatants, regardless of citizenship. You dismissed out of hand Alwan’s intelligence value. Like panty-bomber Abdulmuttalab, Alwan should have first been interrogated. It is perhaps for us unknowable what Alwan may have provided in 2009 on actors here, in the rat line, and Iraq.

It may be true that as a legal resident, Alwan was not subject to the jurisdiction of the Military Commission. But, that only pertained to his prosecution and legal residence can be withdrawn for cause.

Sergeant Tim on December 17, 2011 at 10:39 AM

Court or Gitmo? Off with his head! We’re too broke.

racquetballer on December 17, 2011 at 10:41 AM

Who in their right mind decided that a former insurgent who had been arrested in 2006 should be allowed into the country? Did they just not know? I mean, wouldn’t they have the equivalent of mugshots and fingerprints? Being granted refugee status should be a reward for good behavior and for those who are actually being persecuted (like, Iraqi Christians), not for people who were already trying to kill US troops.

Pancho on December 17, 2011 at 10:42 AM

Once he became a legal resident of the US through his refugee status, the DoJ and civil institutions have jurisdiction, not the military.

Hear, hear!

JohnGalt23 on December 17, 2011 at 10:08 AM

I am not a lawyer, but having not killed him on the battlefield, then allowing him into the country legally. It seems that he must be prosecuted under civil jurisdiction. If any of the lawyers here can make arguments against that position, I would enjoy hearing from you. To bad he wasn’t taken out on the battlefield. It does seem to really highlight the flaws in our Federal bureaucracy’s. Right hand not knowing what the left hand is doing? Hopefully this is a rare occurrence. One ?, Hamas and Hezbollah seem to be setting up to enter our nation from south of the border. If not doing so already. What would be the appropriate way to handle them?

Bmore on December 17, 2011 at 10:46 AM

I can see validity in both arguments, but the time to put Alwan in custody of the military was 2009. Once he became a legal resident of the US through his refugee status, the DoJ and civil institutions have jurisdiction, not the military.

Since his refugee status was a fraud, he should have been transferred back to military custody. End of story.
What am I missing here – I mean besides a corrupt DoJ that wants to pump up its numbers of “terrorist” convictions?

~(Ä)~

Karl Magnus on December 17, 2011 at 10:47 AM

All Muslims are enemies. If you throw away your PC-colored glasses events that occur every day that involve Muslims make a lot more sense.

Igor R. on December 17, 2011 at 10:47 AM

In 2009, we admitted 74,602 refugees into the United States. That’s 355 per workday (M-F). Does anyone really think that an adequate background investigation was done on them, especially when so many came from corrupt governments with questionable, or little, if any accurate record keeping by fingerprints?

Just another example of our far too open border.

http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_rfa_fr_2009.pdf

AmericanDad on December 17, 2011 at 10:52 AM

Wait till we start hearing about American citizens being shipped off to Gitmos.

Yes that will be the beginning of the end or something.

Except various agencies have been doing that forever…

CorporatePiggy on December 17, 2011 at 10:53 AM

I am not a lawyer either (and I don’t play one on TV) but to my mind this man’s crimes involve waging war upon the United States and that the crimes committed upon American soil were simply a continuation of activities conducted by him in Iraq.

Waging war upon the United States, in my opinion, trumps any claim that this POS has to civil jurisprudence.

We are in desperate need of a good set of public gallows and a suitable length of rope for those who attack our nation.

turfmann on December 17, 2011 at 10:57 AM

This was a ‘show trial’ to show that you have nothing to fear from this new detention law that is directed toward terrorists. When Obama feels threatened by terrorists who want him removed from office, those secret night time raids will start rounding up dangerous terrorists who will never be seen again.

Skandia Recluse on December 17, 2011 at 10:58 AM

News Flash… After trillions of dollars and 20 years of research, Scientists announced today that global warming is caused by the Sun. Not to be outdone, political activist and former Obama Czar Van Jones has commited to send his OWS comrades to “Occupy the Sun”. When asked how his minions will cope with the burning heat of the sun, estimated at over 2 million degrees, Van Jones replied “We got that covered, we’ll go at night”.

In other news, there was a yet another random sighting of John AKA “The Artful Tax Dodger” Kerry’s royal yacht, the Catsup Queen, in Djibouti today. The burning question is: “Does Djibouti charge taxes to dock your yacht”?

VorDaj on December 17, 2011 at 11:04 AM

When Obama’s people say ‘Black Ops’ they’re talking about Community Organizing not kidnapping.

Oy.

CorporatePiggy on December 17, 2011 at 11:05 AM

Bmore on December 17, 2011 at 10:46 AM

See my comment above, and Sgt. Tim’s. The president has the authority to declare him an enemy combatant. The only issue his presence on American soil raises is his right to resort to federal courts to object to his detention. That is why I suggested he be deported first. The case for deportation is open and shut. Once removed from the country, his resort to federal courts is limited, and as an enemy combatant the lawfulness of transfer is already established.

novaculus on December 17, 2011 at 11:05 AM

All Muslims are enemies.

Igor R. on December 17, 2011 at 10:47 AM

A strong case can be made, that every practicing muslem in America is de-facto guilty of sedition.

It’s time, and well past time, for America to wake up and smell the jihad.

Rebar on December 17, 2011 at 11:08 AM

All Muslims are enemies.

Igor R. on December 17, 2011 at 10:47 AM

A strong case can be made, that every practicing muslem in America is de-facto guilty of sedition.

It’s time, and well past time, for America to wake up and smell the jihad.

Rebar on December 17, 2011 at 11:08 AM

Anybody up for a game of cowboys and muslims?

VorDaj on December 17, 2011 at 11:15 AM

WHO CARES!
It is the religion …of peace.

KOOLAID2 on December 17, 2011 at 11:20 AM

This is an open and shut case for dismissal.

This poor man wouldn’t have committed any acts of terror if we hadn’t “been over there” in the first place. The US drove him to it, you see…

Don’t you guys know that?

catmman on December 17, 2011 at 11:24 AM

AmericanDad hit the nail on the head. I have delt with the US Imagration in another country and the little time that is givin to each person is surprising.
What tics me off is this ****head can get into the US and my wife could not get a visa to visit because we are married.
The rules and laws only apply to those that would follow and obey them.

rocrio15 on December 17, 2011 at 11:28 AM

And when the NDAA gets signed, the choice won’t be between courts or gitmo, it’ll be between the American or Cuban versions of gitmo – no due process, no nothing. I hope tea party activists don’t get labelled terrorists the way OWSers have been!

ernesto on December 17, 2011 at 11:28 AM

Firing Party!

Ready…
Aim…
FIRE!

It’s Miller time…

Roy Rogers on December 17, 2011 at 11:32 AM

novaculus on December 17, 2011 at 11:05 AM

Thanks! I am such a slow typist that I hadn’t seen the post. It sounds like you have a great knowledge of this. So the same would apply to Hamas and Hezbollah coming up from the south into the country. I’ll say this I couldn’t agree more with the statement you made.”Obama and Holder have personal and political agendas they they have repeatedly placed before our national security. We will be immeasurably safer as a country the instant those two scurrilous scumbags are out of power.” OMG!

Bmore on December 17, 2011 at 11:32 AM

What tics me off is this ****head can get into the US and my wife could not get a visa to visit because we are married.

rocrio15 on December 17, 2011 at 11:28 AM

Where was she coming from? Tourist visa’s aren’t exactly hard to get, coming from most places.

ernesto on December 17, 2011 at 11:33 AM

Mexico. The thought is she would overstay and not return as most people here without papers have overstayed visas of one sort or another.

rocrio15 on December 17, 2011 at 11:38 AM

Anybody up for a game of cowboys and muslims?

VorDaj on December 17, 2011 at 11:15 AM

Reminds me of a joke.

Rebar on December 17, 2011 at 11:41 AM

rocrio15 on December 17, 2011 at 11:38 AM

Right. I mean, I know plenty of people who’ve overstayed tourist and work visas here. Mostly Polish immigrants, believe it or not. I still feel that it should be easier for people to get in, though.

ernesto on December 17, 2011 at 11:42 AM

Bmore on December 17, 2011 at 11:32 AM

You’re welcome.

To clarify, that last sentence should have read,”…as an enemy combatant the lawfulness of transfer to Gitmo and military commission jurisdiction is already established.

novaculus on December 17, 2011 at 11:45 AM

ernesto on December 17, 2011 at 11:28 AM

Paranoid. Delusional. Liar.

novaculus on December 17, 2011 at 11:45 AM

ernesto on December 17, 2011 at 11:28 AM

I havn’t heard them called terrorists, as much as anarchists.

Not all anarchists are terrorists.

listens2glenn on December 17, 2011 at 11:47 AM

novaculus on December 17, 2011 at 11:45 AM

So the NDAA isn’t about to revoke due process for terror suspects caught in the US? Isn’t that what Lindsey Graham meant when he said, “if you’re a terrorist, don’t expect a lawyer”?

ernesto on December 17, 2011 at 11:49 AM

listens2glenn on December 17, 2011 at 11:47 AM

I should have added this:
However, those schoolchildren who had to walk through a gauntlet of OWSers may have felt a little terrorized.

listens2glenn on December 17, 2011 at 11:50 AM

Is trying to Blow up, destroy and replace the United States with Sharia Law and a Global Caliphate an Act of War or a Criminal Act?

the ACLU Left, Ron and Rand Paul and others on the fringe who believe this is “Criminal” are insane

jp on December 17, 2011 at 11:50 AM

We will be immeasurably safer as a country the instant those two scurrilous scumbags are out of power.” OMG!

Bmore on December 17, 2011 at 11:32 AM

That’s true enough, but don’t forget Cass Sunstein.

listens2glenn on December 17, 2011 at 11:53 AM

jp on December 17, 2011 at 11:50 AM

All political violence is not war.

ernesto on December 17, 2011 at 11:54 AM

listens2glenn on December 17, 2011 at 11:53 AM

That’s actually novaculus point, I was just concurring. My take is the country purchased a crummy box set. Time to throw out the entire box set. Not one song on it is worth listening to.

Bmore on December 17, 2011 at 11:59 AM

All political violence is not war.

ernesto on December 17, 2011 at 11:54 AM

That’s right.

Domestic political violent anarchy would be treason, or CIVIL war.

Did I phrase that correctly? Should there be apostrophies ( , ) in that somewhere?

listens2glenn on December 17, 2011 at 12:05 PM

Bmore on December 17, 2011 at 11:59 AM

Agreed.

listens2glenn on December 17, 2011 at 12:06 PM

Let us be prefectly frank. In a military prison this scumbag might actually serve his full sentence. In a civilian prison he will be dead within a very short period of time.

John Adams on December 17, 2011 at 12:32 PM

In a civilian prison he will be dead within a very short period of time.

John Adams on December 17, 2011 at 12:32 PM

Why do you say that? American prisons are hotbeds of islamic recruitment and training, more likely he’d be treated as a hero.

Rebar on December 17, 2011 at 1:11 PM

ernesto on December 17, 2011 at 11:49 AM

So whatever comes out of Lindsey Graham’s mouth is the law of the land?

The law specifically disclaims any intent to alter the rights of citizens under prior law. Furthermore, Congress can’t limit the constitutional rights of citizens merely by passing an appropriations bill. That is one of the reasons we have a Supreme court.

If you didn’t have a well-established track record of hysterics and mendacity, I would presume you are merely stupid and an ignoramus. But you do have that record, so I will presume intentional misrepresentation of the facts with malice aforethought.

novaculus on December 17, 2011 at 1:16 PM

I hope tea party activists don’t get labelled terrorists the way OWSers have been!

ernesto on December 17, 2011 at 11:28 AM

I don’t see a sarc tag on your post, so I will assume it’s willful ignorance on your part.

Politico, 4 months ago:

Vice President Joe Biden joined House Democrats in lashing tea party Republicans Monday, accusing them of having “acted like terrorists” in the fight over raising the nation’s debt limit, according to several sources in the room.

Biden was agreeing with a line of argument made by Rep. Mike Doyle (D-Pa.) at a two-hour, closed-door Democratic Caucus meeting.

“We have negotiated with terrorists,” an angry Doyle said, according to sources in the room. “This small group of terrorists have made it impossible to spend any money.”

Biden, driven by his Democratic allies’ misgivings about the debt-limit deal, responded: “They have acted like terrorists.”

Doug Thompson in Capitol Hill Blue, circa July 15, 2011:

To the tea party terrorists who put their extremist agenda ahead of the best interests of the nation, bombastic Virginia Republican Congressman Eric Cantor is a hero of monumental proportions.

To opponents, however, Cantor is a political Osama bin Laden, a political bomb thrower who threatens send the financial skyscrapers of the nation’s economy crashing to the ground in a dust cloud of chaos and discord.

F-

Del Dolemonte on December 17, 2011 at 2:09 PM

I wondered how they are vetting the Iraqi refugees… I figured Bush was giving preference to persecuted Christians or something like that.

There are a few groups that should NOT be brought in, like Somalians and Hmongs. I’ve seen too many violent crimes come out of those groups, they should not be welcome here in general. Ask Minnesota how it’s working out for them.

scotash on December 17, 2011 at 2:20 PM

You know, according to Ron Paul, the only person in the entire USA who hates this guy is Michelle Bachmann . . .

BigAlSouth on December 17, 2011 at 2:36 PM

Club Gitmo.

Key West Reader on December 17, 2011 at 2:43 PM

The “Refugee Act of 1980″ a Ted Kennedy debacle MUST be repealed!!!!!!!!!!!!!!!!!!!!!!!!!

xler8bmw on December 17, 2011 at 3:08 PM

There are two arguments here because there are two phases to Alwan’s life in question.

Two arguments? No, there is only one argument: The United States officially declared the Iraq War over.

If the man is a prisoner of war, then he should be released immediately without charge. If he is not released, then he deserves full Constitutional protections like any person arrested on American soil deserves.

Dante on December 17, 2011 at 3:59 PM

…either way, that’s a good outcome.

Sad.

Dante on December 17, 2011 at 4:00 PM

Domestic political violent anarchy would be treason, or CIVIL war.

Did I phrase that correctly? Should there be apostrophies ( , ) in that somewhere?

listens2glenn on December 17, 2011 at 12:05 PM

How can anarchy be treason, or even violent?

Anarchy means without ruler or without government – etymologically, without archon, or without ruler/chief/king. If there is already government in place, such as here in the U.S., anarchy cannot exist.

Many anarchists are free market capitalists who recognize that the state is not a necessary evil, but an unnecessary evil. As long as government exists, no man is free. It’s a very moral viewpoint.

Dante on December 17, 2011 at 4:10 PM

How can anarchy be treason, or even violent?

Anarchy means without ruler or without government – etymologically, without archon, or without ruler/chief/king. If there is already government in place, such as here in the U.S., anarchy cannot exist.

Many anarchists are free market capitalists who recognize that the state is not a necessary evil, but an unnecessary evil. As long as government exists, no man is free. It’s a very moral viewpoint.

Dante on December 17, 2011 at 4:10 PM

You’re very entertaining!

Errico Malatesta, an anarchist-communist, propounded that it is “necessary to destroy with violence, since one cannot do otherwise, the violence which denies [the means of life and for development] to the workers.”

A series of letter bombings and failed attacks over the past year point to the evolving threat posed by anarchist groups. Switzerland is particularly exposed.

The group of anarchists from Italy believed to be behind the attacks are connected to three alleged eco-terrorists in detention in Switzerland.

The most recent attack involved a letter bomb sent to the office of the Swiss nuclear power lobby organisation at the end of March.

The Federal Prosecutor’s Office said it believed the group responsible was the same one behind last year’s foiled bombing of the IBM research centre outside Zurich, and the letter bombs sent to the Swiss and Chilean embassies in Rome last December, which injured three people.

These attacks and others have been claimed by the Informal Anarchist Federation (FAI), not to be confused with the Italian Anarchist Federation (also FAI). The former first appeared on the scene in 2003 when it sent a series of parcel bombs to various politicians and European institutions. Italy’s anti-terrorism experts have called it a body without a head.

Violent anarchists in France who have spent the last week pointlessly smashing shop windows and setting fire to cars have “shot the protest movement in the foot” by demonizing legitimate union demonstrators and allowing the government to crackdown with paramilitary forces, according to a leading French labor expert.

The actions of rioting black-clad youths in cities such as Lyon and Paris have scuppered any chance of derailing government plans to raise the retirement age from 60 to 62, highlighting once again the fact that nihilistic communists who foolishly think they are the vanguard of some potent revolution are in fact the greatest ally of the state.

And from the anarchy1011.org website, one anarchist defines the word:

My litmus test has for years been this:

Violence is the attempt to control another being’s actions, feelings or beliefs through the use of the installation of fear.

Sometimes the use of violence is appropriate behavior and sometimes it is not.

And finally, back to Italy:

The Italian anarchists who have claimed responsibility for the letter bombs that exploded in the Swiss and Chilean embassies in Rome Thursday want to make it clear that they consider themselves part of something bigger. “We’ve decided to make our voice heard once again, with words and with deeds,” read a note written in Italian found in the remains of a crude bomb that exploded in the Chilean embassy. “We will destroy the system of domination.”

The note was signed by the Informal Federation of Anarchy, a loose union of Italian anarchist groups that authorities say is the largest such organization in the country. It said the bombs were the work of the organization’s “Lambros Founas Cell,” named after a Greek anarchist killed in a shootout with police in March, and expressed solidarity with other anarchist groups in Argentina, Chile, Mexico, Spain and Greece.

You really need 2 shovels. 1 for each hand.

Del Dolemonte on December 17, 2011 at 4:38 PM

You’re very entertaining!

Errico Malatesta, an anarchist-communist…

Did you miss the part where I said many are free market capitalists??? You think communists are free market capitalists??? What the hell do you think I’m talking about? Ever hear of anarcho-capitalism? That is a very moral viewpoint.

Anarchy – without ruler/chief/king/government.

As long as there is government, no man is free. Government, with the root “govern” – meaning to regulate and control. Even limited government has controls and regulations. Even if you believe government must exist, even if you believe it to be a necessary evil, are you that close-minded to not understand this?

Dante on December 17, 2011 at 5:08 PM

The law specifically disclaims any intent to alter the rights of citizens under prior law. Furthermore, Congress can’t limit the constitutional rights of citizens merely by passing an appropriations bill. That is one of the reasons we have a Supreme court.

Presidential authority in real time for declarations easily outweighs “intent” in operational practice, especially if government agencies are all headed up by folks in lockstep with the president’s views. BHO knows this and is why he specifically demanded that US Citizens be included in the act since his office is the one that can make the declaration.

It can sometimes take years for a case to make it to the US Supreme Court, and that’s not really our best plan, having the last backstop be your first line of defense.

The act is really an overreach and I agree it would be found unconstitutional as constructed, but it’s still a bad solution to a very real problem. One of the things that needs to be drastically re-worked after the next election, hopefully. Not sure which of our candidates would even be willing to take it up though.

Difficultas_Est_Imperium on December 17, 2011 at 6:32 PM

Obama and Holder have personal and political agendas they they have repeatedly placed before our national security.
novaculus on December 17, 2011 at 10:26 AM

That’s actually the best argument I can think of for why the NDAA act for 2012 is potentially so dangerous. The authority in the executive branch being abused via declarations under the act for reasons other than national security.

Difficultas_Est_Imperium on December 17, 2011 at 6:36 PM

So was his admission to the US as a refugee under false pretenses? If so, his residency here in the US might/should be null and void and he should be eligible for deportation; like right straight to Gitmo. No get-out-of-jail-free card.

soghornetgunner on December 18, 2011 at 8:58 AM

McConnell warned that a trial could make Kentucky a target for terrorism.

Gee, everyone seems to be afraid of the “religion of peace” people but no one in Govt or journalism is allowed to name the religion. Might upset them – what, are they like sleeping dogs?

Chessplayer on December 18, 2011 at 10:15 AM

Once he became a legal resident of the US through his refugee status, the DoJ and civil institutions have jurisdiction, not the military.

I think this is dead wrong. Heaven save us from naive souls that think like this. Alwan obviously became a legal resident under false pretenses that, in view of the fact that he was and is a terrorist, should hardly be respected. He’s a militant combatant and a terrorist (!) and as such should be given a swift military trial at Gitmo, and then, IMO, hung. I seriously doubt that the SCOTUS would object.

Our Islamic enemies pride themselves that they are brave warriors with hearts of lions. They must consider ours as those of girl scouts – especially those of the Obama administration.

Chessplayer on December 18, 2011 at 10:51 AM

If immelts our job czar and holders head’s the DOJ then this guy’s got the perfect skill set to be the next cabinet member for this regime.

acyl72 on December 18, 2011 at 8:32 PM