Rogers: Are you saying want to extend the Constitution to Foreigners?
Shuster: What about upholding the Constitution?
As it turns out the Supreme Court has already settled this question w/Hamdan v Rumsfeld - the 14th Amendment Requires Equal Protection all "Persons" not just "Citizens". They still have Habeaus Protection under the Courts (even though Bush and Congress attempted to strip if from them) and Bush's first set of Military Commissions were found completely illegal.
What's amazing about this is that this FBI Agent doesn't trust the FBI to be able to get the job done. Shuster points out that none of the suspects who have been tried via Civilian Courts have been able to "Get Away With it" (and he should hsve slso mentioned that the Military Commissions have FAILED many times, particular in the case where charges were dropped against one of the Cole Bombers because he had been Tortured).
“We tortured [Mohammed al-]Qahtani,” said Susan J. Crawford, in her first interview since being named convening authority of military commissions by Defense Secretary Robert M. Gates in February 2007. “His treatment met the legal definition of torture. And that’s why I did not refer the case” for prosecution. [...]
The Military Commission Process is completely tainted, and should be avoided unless there literally is no other choice.
But let's be realistic here, people like Cheney, Rove and Rogers here are concerned with whether the susepct is brought to Justice - they're arguing for Jack Bauer Justice where this person could be interrogated for information with no-holds-barred. Particularly not Miranda or that peska annoying Constitution in the way.
It doesn't matter that other FBI Agents, ones who've actually gone undercover inside al Qeada and done successful interrogations deny that any abrogation of the Constitution or Miranda is necessary:
It is inaccurate, however, to say that Abu Zubaydah had been uncooperative. Along with another F.B.I. agent, and with several C.I.A. officers present, I questioned him from March to June 2002, before the harsh techniques were introduced later in August. Under traditional interrogation methods, he provided us with important actionable intelligence.
We discovered, for example, that Khalid Shaikh Mohammed was the mastermind of the 9/11 attacks. Abu Zubaydah also told us about Jose Padilla, the so-called dirty bomber. This experience fit what I had found throughout my counterterrorism career: traditional interrogation techniques are successful in identifying operatives, uncovering plots and saving lives.
There was no actionable intelligence gained from using enhanced interrogation techniques on Abu Zubaydah that wasn’t, or couldn’t have been, gained from regular tactics.
Yet these Wingnuts are still in love with techniques that have Never been shown to generate accurate information.
The Supreme Court has already settled this w/Hamdan v Rumsfeld - the 14th Amendment Requires Equal Protection all "Persons" not just "Citizens"
Sad to say, this is how they think Terrorism Should be Handled: