Trying War Criminals
November 15th, 2009
Eric Holder, the Attorney General, has decided that Khalid Sheik Mohammed and other 9-11 terrorists will be tried in New York in the criminal defense system.
I am entirely in favor of bringing them to trial swiftly and with the same representation that any war criminal is afforded. These terrorists declared war on the U.S. and were captured and detained.
They are not accorded the same rights as a civil crime, nor is evidence gathered in war in the same manner as a police investigation. What of communication and evidence gathered in war without a “proper chain”?
And what of confessions obtained? Will they be deemed inadmissable because the war criminals were not read Miranda rights? Or because enhanced interrogation techniques were used?
And who exactly are their peers? Is it U.S. citizens, other war criminals, those of Islamic faith, or non U.S. citizens? How do we locate an impartial jury in New York?
These individuals should be tried before a war tribunal and punishment commenced. To try them in civilian court is to commit the same error that occured with the Lockerbie bomber.
To avoid the death penalty, Abdel Bassel al-Megrahi was tried in Scotland and sentenced to life imprisonment. Unbeknowst to most, he was eligible for parole after 20 years.
In exchange for an oil deal, he was released on compassionate grounds due to his immient demise. In this case, immient has been rather lenghty and Scotland was not amused by his hero welcome in Tripoli.
Will this be another instance when the compassion for the criminal is placed before compassion for the victims? Who exactly will be on trial? And will the U.S. be safer because of this?

