Bring ‘Em Back Alive

by Steve Kalb | November 16, 2009 10:26 AM | | Comments (4)

img_0419.jpg(Opinon) In a stunningly brilliant move, the Obama Administration has decided to do the unthinkable. It wants actually to bring terrorists to justice.

The administration has rightfully concluded that terrorists that kill Americans on American soil should be tried, convicted and sentenced in American courts by American judges and juries.

Attorney General Eric Holder announced last week that accused 9/11 mastermind Khalid Sheikh Mohammed and four alleged accomplices would stand trial in New York.

On Sunday’s ABC’s This Week, former NYC Mayor Rudolph Giuliani said, “I do not understand why they cannot try Khalid Sheikh Mohammed in a military tribunal. That also would demonstrate that we are a nation of laws. That is the way we have tried enemy combatants in the past, whether it was the Second World War or the Civil War. In this particular case, we are reaching out to give terrorists a [legal] benefit that is unnecessary. “

But our prosecution of thugs who kill innocent civilians is not the same as the Nuremberg trials held in the aftermath of WW II. Those were leaders of countries or armies. These are bands of thugs and we should treat them no better than we do any other gang of thugs.

Criminal trials send the message that we are a country of laws. When individuals break those laws, when they kill innocent people, we will find them and bring them justice.

Remember that Zacharias Moussaoui, the so-called “20th hijacker,” was convicted on U.S. soil in a civilian court and will spend the rest of his life in jail.

On Fox News Sunday, Democratic U.S. Sen. Jack Reed of Rhode Island said a civilian trial will deny terrorists a desired platform. “[Khalid Sheikh] Mohammed wants to be considered a holy warrior, a jihadist. And if we try him before military officers, that image of a soldier will be portrayed by the Islamic community. That is not the image we want,” Reed said.

For his part, New York City Mayor Mike Bloomberg called the decision “fitting” and said he has “great confidence”that the New York City police and federal authorities will “handle security expertly.”

It was Bush Administration which erroneously argued the detainees were enemy combatants and that it was too dangerous to hold or try them on American soil.

They built “Gitmo” to house, torture, interrogate, try and probably ultimately incarcerate for life or execute individuals who had been held for years without even so much as access to an attorney. Many were ultimately released for lack of evidence.

Oops.

It is time to put ourselves to the test. Are we a nation of laws and principles or just one of expediency?

Laws? Then It is time to haul Khalid Sheikh Mohammed and his four alleged accomplices in front of a Federal Judge and jury and convict them for being the murderous thugs they are.

It is just time.







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Comments

Posted by: Westville Mom | November 16, 2009 11:07 AM

In the interest of fair and balanced reporting, please read the opposing view of hundreds of 9/11 families and victims in an open letter to President Obama here:

http://www.thebravest.com/ObamaLetter110909.htm

Posted by: Bill | November 16, 2009 11:58 AM

Mr. Kalb if off the mark as usual and he like Obama does not understand the modern world we live in. Organizations like Al Qaeda are the equivalent of armies of the past and Mohammed is a leader of that army. Since he was captured on enemy soil, he should definitely be tried in a military tribunal. All of our military personal are subject to military laws and would be tried by the military. If it's good enough for them, it's good enough for Mohammed.

Posted by: William Kurtz | November 17, 2009 12:37 PM

It looks like more than one person "does not understand the modern world we live in." Military personnel may indeed be tried by military courts, but under the Uniform Code of Military Justice (but not simply by virtue of being in the military; other circumstances need to apply, too) but the UCMJ preserves most of what we understand to be constitutional protections for the accused--which former President Bush's proposed military tribunals do not.

Khalid Sheikh Mohammed is neither a head of state, nor a military officer. There has been no war declared by Congress on the nation of Afghanistan; therefore, Afghan land is not "enemy soil." He is a common criminal and deserves to be treated as one.

Posted by: Jamie DeLoma | November 17, 2009 3:47 PM

Well said, Steve.

"Criminal trials send the message that we are a country of laws. When individuals break those laws, when they kill innocent people, we will find them and bring them justice."

I couldn't have said it better myself, and therefore won't try.

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