Quote Originally Posted by Merv Benson View Post
Besides the problems caused by having to reveal intelligences sources and methods, the lawfare approach has another problem. It leaves us on the strategic defensive, mainly reacting to attacks rather than taking the battle to the enemy and disrupting his plans.
If we can't convict a bad guy without supposedly compromising a significant source, we obviously ain't got that much on him. Translation: somebody isn't doing a very good job. Look at the record of domestic terror-related cases that have been dismissed for lack of evidence in the past year. There is an issue that needs to be fixed there, but it has more to do with building competencies than with changing the rules.

Your disparaging comment about adhering to the rule of law putting us on the "strategic defensive" is utterly false. We have made a lot of progress in advancing beyond the traditional LE post-incident investigative approach towards leveraging inter-agency intelligence fusion in support of both LE and SOF ops disrupting the bad guys before they can act. There have been many unheralded successes over the past few years, although we still have a long way to go - especially domestically.
I would take a more passive aggressive approach to dealing with that problem. The unlawful enemy combatants would be told that they will be held until the ened of the conflict like any other detainee in a war. If that results in an effective life sentence so be it.
I believe that by treating them as captives in a war, we unjustifiably elevate their status. Treat them as common criminals - with due procedure and appropriate sentencing.
As for the issue over interrigation techniques, it is clear to me that the President's approach will be more effective at preventing future attacks and that the PR advantages of the alternative approach do not offset the risks of not preventing further acts of mass murder. Supporters of the alternative approach are asking the US to risk paying a high price for some minimal PR brownie points with people who are at best, indifferent to our national security.
...and your experience with interrogation is...?