The reality is that it is unclear if Khalid Sheikh Mohammed or the others were properly given Miranda warnings and at the proper time. It is further unclear what percentage of evidence amassed against them would be inadmissible for one reason or another (allegations of torture, suggestions of unreasonable search and seizure leading to the "fruit of the poisonous tree" doctrine being employed, etc.).
The point of military tribunals is that they satisfy Constitutional demands that the Supreme Court has declared to be "universal" without forcing the case into the straightjacket of Federal criminal procedure. That Federal criminal procedure was almost certainly not followed as US military forces operate on a completely different principle than domestic US law enforcement officers.
... So tell me, why didn't President Bush move with the military tribunals of these people during that time? Oh that's right, the Bush administration tried to prosecute them in military tribunals but wasn't able to come up with a set of rules that were deemed constitutional. As a result, six years after Mohammed was apprehended, he still hasn't been convicted!
A civilian trial is the best chance of ensuring conviction and sentencing. I don't consider that a problem. I consider it progress. We are one step closer to the end of this guy's story. Remember, too, that the Republican senators who are crying loudest now about this civilian trial were the ones who precluded the use of military tribunals by insisting that they be constitutionally unfair to defendants.
While Khalid Sheikh Mohammed may be brazen enough to plead guilty just to become a martyr, we can't be certain of that and we set a precedent that could let other terrorists go free on procedural grounds. What distinguishes military action against terrorists from police action against criminals is that we don't play by the same rules (and indeed can't, if we want to fight effectively).
Studying terrorism law, I am not aware of any judge, anywhere, who is eager to pervert the law to give Mohammed or any other terrorist a break. The idea that the federal courts are soft on terrorism is unfair to the hundreds of jurists who have repeatedly endorsed government policy on terrorism, both before and after the 2001 attacks. Capital murder suspects get off on "technicalities" far less often than you see in prime time. And even if Mohammed is somehow acquitted, which isn't going to happen, the feds will then immediately pick him up and put him back in the military brig.
Yes, Mohammed might well try to turn it into political theater. But he will mostly fail. There are many rules in place to ensure that Mohammed behaves in court. There is upside here, too. It seems likely, given Mohammed's in-court conduct at Guantanamo Bay, that he will proudly declare in front of judge and jury his allegiance to al-Qaeda and his involvement in the Sept. 11 attacks. If this occurs, heck, it will make it easier for jurors to convict him and for the appellate courts to endorse his sentence.
When one considers the complete waste of money that this will lead to, the ensuing media circus (whether or not cameras are permitted in the courtroom) and the delay, it is a further insult to those who have fought to rid the world of these odious individuals.
Well, trials cost money, that's a fact of life. What's important is bringing this whole thing to a close after 6 years.
No need to interrogate Osama bin Laden?
- 20/11/2009 12:48:27 AM
1256 Views
oO uhm, what?
- 20/11/2009 12:54:13 AM
721 Views
If they're tried INSIDE the US, then yes, they are entitled to due process.
- 20/11/2009 01:44:08 AM
620 Views
Yeah, a lot of people were fuzzy on that till this started.
- 20/11/2009 09:30:39 AM
743 Views
on the other hand, we're more than willing to take them out back with a confession.
- 20/11/2009 06:34:12 PM
738 Views
New York is now asking for $75 MILLION for the KSM trial
- 20/11/2009 01:43:26 AM
670 Views
If this trial were being held in any other country
- 20/11/2009 01:56:07 AM
675 Views
It's a terrible precedent no matter how you look at it.
- 20/11/2009 02:13:46 AM
706 Views
It IS a terrible precdent, hence you and others are citing it 65 years after WWII ended.
- 20/11/2009 09:23:45 AM
603 Views
Spare me the bullshit.
- 20/11/2009 01:57:16 PM
595 Views
I will if you will.
- 20/11/2009 02:55:30 PM
733 Views
- 20/11/2009 02:55:30 PM
733 Views
No, you won't. You never will.
- 20/11/2009 06:14:30 PM
599 Views
You're putting your cart before your horse is the problem.
- 23/11/2009 05:40:46 AM
681 Views
You don't think this is a military struggle? Wow.
- 20/11/2009 02:52:26 PM
664 Views
Allow me to point out...
- 20/11/2009 03:02:33 PM
637 Views
That's the thing, they aren't a terrorist group
- 20/11/2009 04:54:31 PM
678 Views
It would help if you would offer any argument in favour of your stance.
- 20/11/2009 08:43:08 PM
618 Views
I only use the word army cause I can't think of a better one
- 21/11/2009 04:32:01 AM
661 Views
- 21/11/2009 04:32:01 AM
661 Views
Military struggles involve militaries.
- 20/11/2009 03:23:14 PM
791 Views
Once again, bullshit.
- 20/11/2009 06:09:31 PM
756 Views
This is wrong
- 20/11/2009 07:41:35 PM
645 Views
We're a long way from the shore of Tripoli.
- 23/11/2009 05:59:19 AM
732 Views
Your little diatribe in the beginning only makes me glad...
- 22/11/2009 05:32:57 AM
772 Views
I understand your "jihadist narrative"
- 22/11/2009 06:36:41 PM
792 Views
No you don't
- 22/11/2009 11:16:18 PM
703 Views
Oh, so you know better than Army attorneys about Miranda rights?
- 22/11/2009 11:52:00 PM
728 Views
I can explain it to you right now if you want?
- 23/11/2009 08:21:48 AM
650 Views
Credible legal and moral justifications for not trying terrorists in civilian court:
- 23/11/2009 02:56:19 PM
739 Views
Re: Credible legal and moral justifications for not trying terrorists in civilian court:
- 24/11/2009 04:55:12 AM
865 Views
I'm glad that you will never be in a position where a decision you make can affect my life.
- 23/11/2009 12:27:35 AM
594 Views
Actually people of my thinking are already making decisions that affect your life.
- 23/11/2009 08:29:24 AM
722 Views
Please explain to me how military tribunals compromise my principles?
- 24/11/2009 02:54:18 AM
593 Views
And your little hyperbolic rant would make more sense if it were grounded in reality.
- 22/11/2009 11:47:17 PM
615 Views
Looks like we'll get a Not Guilty plea, and a defense focusing on condeming US foreign policy
- 23/11/2009 12:36:47 AM
847 Views
They'll publicly accuse us of tyranny and brutality in front of a jury and without our censorship.
- 23/11/2009 08:27:13 AM
771 Views
My main objection is the awful precedent set by trying prisoners of war here in America.
- 24/11/2009 02:57:13 AM
659 Views
"My main objection is the awful precedent set by trying prisoners of war here in America. "
- 24/11/2009 06:57:34 AM
687 Views
We've had Mohammed in custody for over 6 years...
- 23/11/2009 07:56:49 AM
718 Views
I've already responded to your absurd statements, but let me reiterate a few here
- 23/11/2009 02:59:09 PM
589 Views
And I've responded to yours
- 24/11/2009 04:57:58 AM
660 Views
It's not, at least for me, that we feel the civilian courts are inadequate
- 24/11/2009 05:28:51 AM
650 Views
Good analysis of the situation.
- 23/11/2009 08:17:01 AM
760 Views
It isn't about sending a message. It's about horrible war fighting strategy.
- 24/11/2009 02:59:31 AM
742 Views
No. It's about not using a horribly ineffective strategy just to send a message to terrorists.
- 24/11/2009 09:29:06 AM
633 Views
enemy combatants and terrorists
- 23/11/2009 08:03:25 PM
727 Views
- 23/11/2009 08:03:25 PM
727 Views
They're not different because from the Third World, but because terrorists.
- 24/11/2009 08:09:13 AM
853 Views

