The Bush administration tried Reid, Padilla, and Moussaoui, who was charged in the same conspiracy as KSM, in a civilian court and they are now rotting behind bars for the rest of their lives. The fact of the matter is, not one of you can provide any credible legal or moral justification for not trying terrorists in civilian court.
Graham's Miranda question was specious. Of course soldiers in the field wouldn't read rights upon apprehension - that's not their jurisdiction. A distinction is made between detention and custody - once a suspect is turned over to the civilian law enforcement system, preferably not after languishing in a detention center for eight years because the administration in office can't close the deal on a conviction, he may be apprised of his Miranda rights.
But Miranda only applies to custodial interrogations anyway. Now let's use Osama Bin Ladin as an example. There is plenty of evidence already in U.S. possession to convict Osama bin Laden even without interrogating him. Though the CIA would probably interrogate him for intelligence purposes it's doubtful the FBI would even bother.
If Lindsey Graham, a former Army legal prosecutor, is worried about Miranda rights, then I'd say it's much more likely that you're the one who doesn't understand their application. Where did you go to law school, by the way?
Graham's Miranda question was specious. Of course soldiers in the field wouldn't read rights upon apprehension - that's not their jurisdiction. A distinction is made between detention and custody - once a suspect is turned over to the civilian law enforcement system, preferably not after languishing in a detention center for eight years because the administration in office can't close the deal on a conviction, he may be apprised of his Miranda rights.
But Miranda only applies to custodial interrogations anyway. Now let's use Osama Bin Ladin as an example. There is plenty of evidence already in U.S. possession to convict Osama bin Laden even without interrogating him. Though the CIA would probably interrogate him for intelligence purposes it's doubtful the FBI would even bother.
No need to interrogate Osama bin Laden?
20/11/2009 12:48:27 AM
- 1001 Views
oO uhm, what?
20/11/2009 12:54:13 AM
- 483 Views
If they're tried INSIDE the US, then yes, they are entitled to due process.
20/11/2009 01:44:08 AM
- 398 Views
Yeah, a lot of people were fuzzy on that till this started.
20/11/2009 09:30:39 AM
- 511 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
- 507 Views
New York is now asking for $75 MILLION for the KSM trial
20/11/2009 01:43:26 AM
- 439 Views
If this trial were being held in any other country
20/11/2009 01:56:07 AM
- 468 Views
It's a terrible precedent no matter how you look at it.
20/11/2009 02:13:46 AM
- 495 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
- 381 Views
Spare me the bullshit.
20/11/2009 01:57:16 PM
- 377 Views
I will if you will.
20/11/2009 02:55:30 PM
- 467 Views
No, you won't. You never will.
20/11/2009 06:14:30 PM
- 363 Views
You're putting your cart before your horse is the problem.
23/11/2009 05:40:46 AM
- 466 Views
You don't think this is a military struggle? Wow.
20/11/2009 02:52:26 PM
- 418 Views
Allow me to point out...
20/11/2009 03:02:33 PM
- 399 Views
That's the thing, they aren't a terrorist group
20/11/2009 04:54:31 PM
- 441 Views
It would help if you would offer any argument in favour of your stance.
20/11/2009 08:43:08 PM
- 386 Views
I only use the word army cause I can't think of a better one
21/11/2009 04:32:01 AM
- 402 Views
Military struggles involve militaries.
20/11/2009 03:23:14 PM
- 554 Views
Once again, bullshit.
20/11/2009 06:09:31 PM
- 524 Views
This is wrong
20/11/2009 07:41:35 PM
- 426 Views
We're a long way from the shore of Tripoli.
23/11/2009 05:59:19 AM
- 471 Views
Your little diatribe in the beginning only makes me glad...
22/11/2009 05:32:57 AM
- 544 Views
I understand your "jihadist narrative"
22/11/2009 06:36:41 PM
- 530 Views
No you don't
22/11/2009 11:16:18 PM
- 459 Views
Oh, so you know better than Army attorneys about Miranda rights?
22/11/2009 11:52:00 PM
- 498 Views
I can explain it to you right now if you want?
23/11/2009 08:21:48 AM
- 398 Views
Credible legal and moral justifications for not trying terrorists in civilian court:
23/11/2009 02:56:19 PM
- 473 Views
Re: Credible legal and moral justifications for not trying terrorists in civilian court:
24/11/2009 04:55:12 AM
- 602 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
- 370 Views
Actually people of my thinking are already making decisions that affect your life.
23/11/2009 08:29:24 AM
- 498 Views
Please explain to me how military tribunals compromise my principles?
24/11/2009 02:54:18 AM
- 365 Views
And your little hyperbolic rant would make more sense if it were grounded in reality.
22/11/2009 11:47:17 PM
- 396 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
- 620 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
- 523 Views
My main objection is the awful precedent set by trying prisoners of war here in America.
24/11/2009 02:57:13 AM
- 445 Views
"My main objection is the awful precedent set by trying prisoners of war here in America. "
24/11/2009 06:57:34 AM
- 442 Views
We've had Mohammed in custody for over 6 years...
23/11/2009 07:56:49 AM
- 469 Views
I've already responded to your absurd statements, but let me reiterate a few here
23/11/2009 02:59:09 PM
- 364 Views
And I've responded to yours
24/11/2009 04:57:58 AM
- 440 Views
It's not, at least for me, that we feel the civilian courts are inadequate
24/11/2009 05:28:51 AM
- 426 Views
Good analysis of the situation.
23/11/2009 08:17:01 AM
- 532 Views
It isn't about sending a message. It's about horrible war fighting strategy.
24/11/2009 02:59:31 AM
- 489 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
- 409 Views
enemy combatants and terrorists
23/11/2009 08:03:25 PM
- 503 Views
They're not different because from the Third World, but because terrorists.
24/11/2009 08:09:13 AM
- 621 Views