The Graham Amendment Is Wrong For America

November 04, 2009  |  Posted by Danielle Belton

Sometimes you have to ask: Do we believe in our Constitution or not? We have a government and a judicial system that is the best in the world that has successfully prosecuted criminals, murderers and terrorists a multitude of times. No matter how dangerous the individual, no matter how scary, our system was able to try, convict and imprison these people over and over again. So why is it when it comes to Guantanamo Bay and 9/11 terrorism suspects things are different? Why is indefinite imprisonment an option and why can't those responsible for the attacks on Sept. 11th be tried openly in our courts? What are Republicans in Congress afraid of that they think the American judicial system can't handle?

Case in point: The Graham Amendment.

Proposed by South Carolina Sen. Lindsey Graham, it would cut funding for the prosecution of anyone involved with the attacks on 9/11 if it means them being prosecuted in federal courts on U.S. soil. Graham thinks the only way these individuals can be brought to justice is through a flawed military tribunal system that relies on tainted testimony, hearsay and evidence obtained through torture that happened under the Bush/Cheney Administration. That's not how America works. That's not how the Constitution works.

Here are the facts:

• Since 2001, federal courts have successfully tried and convicted 195 terrorists. Military tribunals conviction rate in eight years? THREE.
• The Graham Amendment would give Congress unprecendented control over how President Obama and the Department of Justice prosecute cases.
• Defense Secretary Robert Gates and Attorney General Eric Holder BOTH OPPOSE the Graham Amendment.
• The federal courts have successfully tried terrorists and mass murders in the past, including John Allen Muhammad (the Beltway Sniper), Richard Reid (the Shoe Bomber), Theodore Kaczynski (the Unabomber), those who have attacked our embassies over seas and the U.S.S. Cole and those involved in the original, 1993 bombing of the World Trade Center.
• This amendment would limit the power of President Obama and our Department of Justice when our prosecutors need every option and every tool at their disposal to bring these individuals to justice.
• The families of the near 3,000 victims on Sept. 11 deserve closure and to see these individuals prosecuted for their crimes. The federal courts, time and time again, have proven to be faster and more reliable at prosecuting terrorists than the military tribunals which have, again, only convicted three people in eight years.

It's just common sense. Military tribunals DON'T WORK. The Graham Amendment WON'T WORK. Keep the power of prosecution in the hands of our Department of Justice and out of the hands of Republicans in Congress. Graham may want to be a "constructive partner" in closing Guantanamo Bay, but we need to let him know that limiting the ability of our government to convict these criminals is NOT the way to go.

 

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