Mr. Iqbal was convicted of 'non-terrorist' related charges, yet he was treated as if a terrorist based on his religion and nationality alone. The reason his lawsuit was unsuccessful in the Supreme Court in a 5-4 vote (Kennedy) was due to the fact, Mr. Iqbal as a plaintiff, did not have enough evidence to 'tie' Ashcroft and Mueller to the charges. It wasn't because he wasn't correct in his allogations, it was because he was unable to prove Mueller and Ashcroft were directly linked.
...MARCIA COYLE: Well, Mr. Iqbal was picked up in 2001 on charges unrelated to terrorism, but shortly afterwards he was transferred to a maximum-security facility that held those who were suspected of being involved in the 9/11 attacks.
He ultimately was convicted of the non-terrorism charges, served his time, and was deported to Pakistan. But he did sue then-Attorney General John Ashcroft and FBI Director Robert Mueller claiming that they had adopted and enforced an unconstitutional policy that resulted in his confinement and, later, subsequent physical abuse.
JEFFREY BROWN: Tied to the -- I mean, based on his religion, right?
MARCIA COYLE: Right, simply because of either his race, religion, or national origin.
But the case before the court that was decided today was not about whether those two officials did violate his constitutional rights. It was whether Mr. Iqbal had pleaded in his complaint enough facts to get over the first major hurdle in a lawsuit that lets you get to your day in court, and that was whether he could survive a motion by the government to dismiss the case....
Mueller was a Bush nominee into the role he is occupying now in the FBI. He is a 'Bush Believer' in that he is made to feel is he directly responsible for any and all issues regarding current and potential terrorist activity. It is probably Mueller himself that 'fills in the gap' for the Republican Party in providing 'National Security' in the face of failed strategies as those that are SUPPOSED to exist as with USA Passports.
The essence of Mueller's 'statement' regarding detainees at Gitmo and his 'theory' about how they will 'RECRUIT' inmates into 'in house' terrorist networks' that will migrate to the American society and carry out atrocities against the American people, falls into the category of 'incompetence in government.'
What Mueller is saying is hideous. He is saying that the FBI can find the terrorists, through whatever invasive 'listening' or otherwise exists in violation of the 'rights' of Americans, arrest terrorists and try them finding them guilty, BUT, it is the very prison system then violates the trust American citizens puts in them at risk for ORGANIZED CRIME. In other words, the judicial system doesn't work nor does the penal system in protecting Americans from 'racketerring or organized crime.' What Mueller is inarticulately describing is organized crime that occurs in the recruitment of terrorist networks.
Well. It would seem as though if Mueller can easily 'theorize' a single terrorist creating a crime network in the USA without actual proof to Congress, then he can theorize anything with anyone.
However, let's just say Mueller is correct. Let's say the judicial system fails to handle organized crime and upholds a penal system that allows crime to grow in prisons and allows it to migrate into society from prisons. If all that is correct then Mueller's arguments don't belong at all about JUST Gitmo, but, about the way penal systems operate and control their inmates.
Mueller's arguments even in theory don't hold up entirely. The USA penal system for as imperfect as it is, is effective enough to control dangerous individuals. The 'prisoner culture' is of some question in many of the nation's prison, but, to state the very people the FBI have arrested and have seen convictions are successful in having a 'network' in the country that suits their gratification for continued crime in the country is not correct.
Mueller has issues with his capacity of authority and use it to raise issues of 'fear mongering' while providing a platform for 'Revenge of the Demised Republican Party.' His testimony to Congress was out of line while lacking sincere proof. It was used by Republicans to 'raise fears' and 'direct political activity' within their electorate and the Congress itself. It is THAT culture of 'Rhetorical Republican Neocons' that is the REAL enemy and not the appropriate use of MAXIMUM security prisons within the USA to handle criminals of September 11, 2001.
The 'continued' Bush/Cheney Culture of Fear that still exists within the USA and the 'culture' of the FBI is scarey to realize there is dearly little protecting the country short of the hysteria that exists whenever the drum beat calls.
