Andrew McCarthy, the federal prosecutor of the blind sheik of the first Trade Center bombing, doesn't think much of the way the Obama Justice Department has handled the interrogation of the Tsarnaev killer now being held as a  prisoner.  He argues that it was a major mistake to read him his Miranda rights and allow him to get lawyered up, and what's more it was a mistake to try him in the criminal court system rather than as an enemy combatant.  

Obama’s National-Security Fraud

Unlike you, federal government officials are immune from charges of fraud. The executive branch, vested with all of the government’s prosecutorial authority and discretion, is not going to investigate its own operatives for carrying out its own mendacious policies.

That is the story of last week’s Boston Marathon bombing and the frantic efforts of the bombers, the brothers Tsarnaev, to evade capture, shoot it out with police (one of whom they killed, and another of whom they wounded), and — we’re now told — detonate more bombs in Times Square.

The Times Square non-attack is quite interesting. The specter of it, projected in the immediate wake of the Marathon murders and maimings, is horrific . . . so horrific that the government, in leaking this tidbit from its botched interrogation of Dzhokhar Tsarnaev, knew that news media were certain to lead their broadcasts with it. The press would never wonder why they, and thus we, were being told about it.

But why were they told? Remember, the Times Square bombing not only never happened, it never came close to happening. It was, at most, a passing jihadist fantasy, one that the jihadists in question peremptorily dismissed as implausible. The threat was no more real than those that regularly stream out of Islamic-supremacist mosques and, just as regularly, go studiously unreported.

Mind you, there is nothing inappropriate about government officials’ speaking about matters on the public record — such as the allegations lodged in criminal complaints. But the Times Square non-attack is not mentioned in the complaintfiled against Dzhokhar Tsarnaev. In fact, the complaint includes no information from Tsarnaev’s interrogation.

Yet somehow the airwaves are now full of startling revelations from his Miranda-aborted 16-hour post-arrest interview, including not least his confession, and, of course, his assurance, as Allah is his witness, that no one other than he and his Svengali older brother — and certainly no foreign Islamic terrorist organization — had anything to do with their terror spree.

Strange, isn’t it? We are governed by leftists given to finger-wagging about their commitment to due process and the rule of law — they’re not like those bad old warmongering Bushies. Still, here we are in the post-arrest phase of the civilian prosecution the administration was hell-bent on commencing — the phase when due process obliges government officials to remain mum about non-public investigative information that could taint the jury pool and undermine the defendant’s right to a fair trial — and we’re being inundated with stunning confession evidence.

Remember, this is the same crowd that labels the Fort Hood massacre “workplace violence” and won’t honor its victims with Purple Heart medals. To do so, they sniff, might prejudice the objectivity of the trial of a jihadist mass murderer who has publicly announced he’d like to plead guilty. Now, though, in Tsarnaev’s case, government agencies are leaking like sieves.

Why?

Because you are being softened up. Steered by its Gitmo Bar veterans and Lawyer Left compass, the Obama administration is executing a massive national-security fraud: the farce that the jihad against America can be judicialized, that civilian-court processes are a better answer to enemy warfare than are combat protocols.

That is why Eric Holder’s Justice Department, together with the FBI, darted into federal court in Boston last Sunday evening to file the complaint against Tsarnaev. Obama was determined to end the public debate over whether the jihadist is a wartime enemy combatant or a mere criminal defendant. As in the case of Sulaiman Abu Ghaith, Osama bin Laden’s son-in-law and al-Qaeda’s alleged “consigliere,” who was whisked into the country and into civilian court before anyone even realized he’d been captured, the administration calculated that a fait accompli is the best way to impose the president’s deeply unpopular preferences.