Fortunately, there is enough evidence to convict Mr. Nashiri based on confessions we gained legally from Mr. Badawi and Mr. Quso — we even read them the Miranda warning — and from other physical evidence we found during the investigation. Their presence in court would enable us to use their confessions.
It is not merely an insult to the 17 dead sailors, their families and our national honor that Washington does nothing while convicted terrorists walk free and Mr. Nashiri sits unprosecuted. It also harms our national security. We long ago realized that if the American government had not let the Cole attack go unanswered, and if our investigation had not been so constrained, we could have undermined Al Qaeda and perhaps even averted the 9/11 attack. After 10 years, we need to finally put that lesson to use.