While digesting Thanksgiving turkey today and watching two snoozers from the NFL, the subject of the upcoming civil trials for the 9/11 terrorists in NYC came up. The whole business seems to be an exercise in political correctness, that looks much like a bum all dressed up in a new suit. What are we trying to prove and to whom are we proving it?
It appears the administration is determined to show that our criminal justice system is so good that it can do something for which it is not designed. Rather like taking your everyday Impala or Fusion and running it in a NASCAR race at Daytona. The Islmamic terrorists who executed 9/11 and continue to plot death and destruction on America are no more like a common American criminals than a street car is a race car. A system that handles criminals is not suited to terrorists.
First off, American courts are for Americans. Those born in Saudi, or elsewhere have no right to American civil or criminal jurisprudence. They have no right to the Geneva Convention either, but that is another discussion. America has used military tribunals to handle matters of war and military since our Civil War. These courts have passed legal muster repeatedly since under democrat and republican administrations.
Second, if we apply criminal law to these cases we run into procedure issues. It is widely reported these men were not Mirandized as no one thought criminal law was applicable. Under the fruit of the poisoned tree doctrine, this calls for dismissal of the case. These men were widely reported to have been ‘tortured’. Again, dismissal. If actions under a conspiracy charge happened in 2000, or early 2001 has the statute of limitations run?
A dismissal of these cases, despite assurances from an Attorney General who has never prosecuted a terror case, would likely have an effect quite the opposite of that intended by the high moralists at justice. First, the American people will be outraged. Second, far from demonstrating the superiority of our justice system, we may look like incompetants. In many parts of the world these men will then be seen as ‘innocent’, and perhaps even heroes or role models. This from folks who routinely criticize Afghanistan and Iraq as a recruiting device for Al Qaeda. This would have a potentially catastrophic impact on what is left of the war on terror.
We are giving our enemies, people who hate us and want nothing more than to kill us, an all expenses paid stage on which to perform from the very city they attacked. I have a bad feeling about this.
