Andrew C. McCarthy

One of my friends sent me an email concerning the following letter written to Attorney General Holder by Andrew C. McCarthy former chief assistant U.S. attorney in the Southern District of New York. Andrew McCarthy prosecuted the terrorists that bombed the World Trade Center in 1993.

http://docs.google.com/Doc?id=d2m2xj2_1c8fhh2cj

This letter is a very detailed analysis of the current presidential administration’s policies on detaining terrorists and prosecuting justice department lawyers for giving their legal opinions. I think that it should be read in its entirety. These 2 paragraphs summarize the major points of the letter:

I admire the lawyers of the Counterterrorism Division, and I do not question their good faith. Nevertheless, it is quite clear—most recently, from your provocative remarks on Wednesday in Germany—that the Obama administration has already settled on a policy of releasing trained jihadists (including releasing some of them into the United States). Whatever the good intentions of the organizers, the meeting will obviously be used by the administration to claim that its policy was arrived at in consultation with current and former government officials experienced in terrorism cases and national security issues. I deeply disagree with this policy, which I believe is a violation of federal law and a betrayal of the president’s first obligation to protect the American people. Under the circumstances, I think the better course is to register my dissent, rather than be used as a prop.

Moreover, in light of public statements by both you and the President, it is dismayingly clear that, under your leadership, the Justice Department takes the position that a lawyer who in good faith offers legal advice to government policy makers—like the government lawyers who offered good faith advice on interrogation policy—may be subject to investigation and prosecution for the content of that advice, in addition to empty but professionally damaging accusations of ethical misconduct. Given that stance, any prudent lawyer would have to hesitate before offering advice to the government.