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Thread: Trying Terrorists in Civilian Courts

  1. #1
    Senior Member Gerry Clinchy's Avatar
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    Default Trying Terrorists in Civilian Courts

    http://thebravest.com/ObamaLetter110909.htm

    The families of 9/11 victims do not feel that terrorists should be tried in civilian court. They may have some good points.

    [FONT='Times New Roman','serif']We adamantly oppose prosecuting the 9/11 conspirators in Article III courts, which would provide them with the very rights that may make it possible for them to escape the justice which they so richly deserve. We believe that military commissions, which have a long and honorable history in this country dating back to the Revolutionary War, are the appropriate legal forum for the individuals who declared war on America. With utter disdain for all norms of decency and humanity, and in defiance of the laws of warfare accepted by all civilized nations, these individuals targeted tens of thousands of civilian non-combatants, brutally killing 3,000 men, women and children, injuring thousands more, and terrorizing millions. [/FONT]
    [FONT='Times New Roman','serif']On May 21, you stated that military commissions, promulgated by congressional legislation and recently reformed with even greater protections for defendants, are a legal and appropriate forum to try individuals captured pursuant the 2001 AUMF, passed by Congress in response to the attack on America. Nevertheless, you announced a new policy requiring that Al-Qaeda terrorists should be tried in Article III courts "whenever feasible." [/FONT]
    [FONT='Times New Roman','serif']We strongly object to the creation of a two-tier system of justice for terrorists in which those responsible for the death of thousands on 9/11 will be treated as common criminals and afforded the kind of platinum due process accorded American citizens, yet members of Al Qaeda who aspire to kill Americans but who do not yet have blood on their hands, will be treated as war criminals. To date, you have offered no explanation or justification for this contradiction, even as you readily acknowledge that the 9/11 conspirators, now designated "unprivileged enemy belligerents," are appropriately accused of war crimes. We believe that this two-tier system, in which war criminals receive more due process protections than would-be war criminals, will be mocked and rejected in the court of world opinion as an ill-conceived contrivance aimed, not at justice, but at the appearance moral authority.[/FONT]

    [FONT='Times New Roman','serif'][FONT='Times New Roman','serif']The public has a right to know that prosecuting the 9/11 conspirators in federal courts will result in a plethora of legal and procedural problems that will severely limit or even jeopardize the successful prosecution of their cases. Ordinary criminal trials do not allow for the exigencies associated with combatants captured in war, in which evidence is not collected with CSI-type chain-of-custody standards. None of the 9/11 conspirators were given the Miranda warnings mandated in Article III courts. Prosecutors contend that the lengthy, self-incriminating tutorials Khalid Sheikh Mohammed and others gave to CIA interrogators about 9/11 and other terrorist operations--called "pivotal for the war against Al-Qaeda" in a recently released, declassified 2005 CIA report--may be excluded in federal trials. Further, unlike military commissions, all of the 9/11 cases will be vulnerable in federal court to defense motions that their prosecutions violate the Speedy Trial Act. Indeed, the judge presiding in the case of Ahmed Ghailani, accused of participating in the 1998 bombing of the American Embassy in Kenya, killing 212 people, has asked for that issue to be briefed by the defense. Ghailani was indicted in 1998, captured in Pakistan in 2004, and held at Guantanamo Bay until 2009. [/FONT]

    [FONT='Times New Roman','serif'][FONT='Times New Roman','serif']There is no guarantee that Mr. Mohammed and his co-conspirators will plead guilty, as in the case of Zacarias Moussaoui, whose prosecution nevertheless took four years, and who is currently attempting to recant that plea. Their attorneys will be given wide latitude to mount a defense that turns the trial into a shameful circus aimed at vilifying agents of the CIA for alleged acts of "torture," casting the American government and our valiant military as a force of evil instead of a force for good in places of the Muslim world where Al Qaeda and the Taliban are waging a brutal war against them and the local populations. For the families of those who died on September 11, the most obscene aspect of giving Constitutional protections to those who planned the attacks with the intent of inflicting maximum terror on their victims in the last moments of their lives will be the opportunities this affords defense lawyers to cast their clients as victims[/FONT][/FONT]
    [FONT='Times New Roman','serif'][/FONT]
    [FONT='Times New Roman','serif'][FONT='Times New Roman','serif'][FONT='Times New Roman','serif']Khalid Sheikh Mohammed and his co-conspirators are asking to plead guilty, now, before a duly-constituted military commission. Mr. President, the families of their victims have a right to know, why don't you let them?[/FONT][/FONT][/FONT]

    [/FONT]
    I didn't copy the whole thing here, so you really should read the entire letter.
    G.Clinchy@gmail.com
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  2. #2
    Senior Member Gerry Clinchy's Avatar
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    http://www.foxnews.com/politics/2009...rial-decision/

    Fox News gives both sides of the question.
    G.Clinchy@gmail.com
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    Senior Member HuntsmanTollers's Avatar
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    Fox gave both sides of the story. Maybe the Dems are right, how could a 'REAL' news agency tell that there is more than 1 side to a story.
    Huntsman Tollers
    Matt & Julie Martin

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    Senior Member dnf777's Avatar
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    Just for fun, I'd like to see the WhiteHouse release a statement declaring which way Obama wipes himself.....front to back or back to front.....just in order to see the illuminating, fair and balanced news segments that Fox would assemble to attack him for being incorrect! I can see republican wiping-experts commenting on Fox&Friends how this is costing jobs and putting Americans at risk!

    It's really gone beyond absurd.
    God Bless PFC Jamie Harkness. The US Army's newest PFC, but still our neighbor's little girl!

  5. #5
    Senior Member Gerry Clinchy's Avatar
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    Quote Originally Posted by dnf777 View Post
    Just for fun, I'd like to see the WhiteHouse release a statement declaring which way Obama wipes himself.....front to back or back to front.....just in order to see the illuminating, fair and balanced news segments that Fox would assemble to attack him for being incorrect! I can see republican wiping-experts commenting on Fox&Friends how this is costing jobs and putting Americans at risk!

    It's really gone beyond absurd.
    This has something to do with the information in the articles?
    G.Clinchy@gmail.com
    "Know in your heart that all things are possible. We couldn't conceive of a miracle if none ever happened." -Libby Fudim

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    Senior Member road kill's Avatar
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    Quote Originally Posted by Gerry Clinchy View Post
    This has something to do with the information in the articles?

    Like I said, they have to talk about what they know about.
    Stan b & Elvis

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    Senior Member dnf777's Avatar
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    Quote Originally Posted by Gerry Clinchy View Post
    This has something to do with the information in the articles?
    It has EVERYTHING to do with it! It doesn't matter WHAT Obama does or says, the republican machine in anti-Obama, prima facia, de facto, no matter what! It's gotten comical to watch the reactions!

    When GW Bush brought the 9-11 hijacker to Va for trial, he was praised. When Obama does the same thing, he's hounded by the very same people.

    I just find it amusing, and used a colorful example, that's all. But it has everything to do with politics today.

    Boxers vs. Briefs regards,
    dave
    God Bless PFC Jamie Harkness. The US Army's newest PFC, but still our neighbor's little girl!

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    Senior Member WaterDogRem's Avatar
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    It's absurd that they will have the same legal American rights as you and I. This was a clear act of war and should be handled as such!

  9. #9
    Senior Member dnf777's Avatar
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    Quote Originally Posted by WaterDogRem View Post
    It's absurd that they will have the same legal American rights as you and I. This was a clear act of war and should be handled as such!
    Then do it. What are we waiting for? Give them some type of day in court. If they're guilty, hang them. If they're innocent, set them free. This just locking people up without a trial or legal recourse is precisely what we strive to avoid in this country. Until now, that is.
    God Bless PFC Jamie Harkness. The US Army's newest PFC, but still our neighbor's little girl!

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    Just to play the devils advocate my understaing of the logic behind a civil trial is that it will help prevent the "warrior" image that Al-Queda seeks to cultivate, perhaps to be tried like a petty thief will be an insult. Also don't forget that if we do in fact kill this guy he may become a martyr, theres a good shot we would be better of to simply keep him incarcerated.

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