The Real Fight For Criminal Trials

February 17, 2010  |  Posted by Danielle Belton

Let right wingers tell it and you'd think the FBI was run by amateurs who can't handle terrorists. That terrorists are some how different from other mass murderers and killers that the FBI pursues and our courts prosecute. The reality is -- they aren't. Terrorists aren't super humans. They aren't "warriors." That's what they want to be. Terrorists want us to elevate their status to that of soldiers on a battlefield to add something nobel to an act that is anything but.

The pending trials of Khalid Sheikh Mohammad and four other Guantanamo Bay detainees were supposed to take place in Manhattan. That now will not happen after the relentless attack from the right wing and Mayor Bloomberg's flip-flop after initially saying he was fine with the trials being held in New York City. The President is now looking for other venues, but the reality is, if we want justice for the victims of 9/11 and if we want to show the world that we believe in the rule of law we MUST try KSM and other terrorism suspects in criminal court.

We have the tools to deal with these individuals and we've used them many, many times before.

Here are the facts:

FACT: According to the Bush Administration criminal trials of terrorists have resulted in 318 convictions since 2001. In the same time period there have only been three convictions by military commissions.

FACT: Of those three cases prosecuted by military commissions one suspect received a life sentence after refusing to attend his own trial. The other two are presently free in their home countries.

FACT: When criminal courts convicted terrorists they often received substantial sentences -- like “American Taliban” John Walker Lindh who received a 20 year sentence; the so-called “Dirty Bomber” Jose Padilla who got a 17 year sentence; and alleged “20th hijacker” Zaccarias Moussaoui who wound up with a life sentence. On average, convicted terrorists received sentences of 16 years.

FACT: Bush’s military commissions were continuously beset with legal issues, as they were created in a hurried manner from a non-existent legal structure. Before President Bush invented them there was no legal foundation in place within the military meant to handle the prosecution of terrorists. Routinely the U.S. Supreme Court found Constitutional issues that exposed the many flaws in military commissions.

Republicans are pushing for military commissions for political reasons only. This isn’t about results -- it’s about votes. And they are will to say anything to scare the public into going along with a flawed system. We can't let them rule this debate. Our criminal courts have been tested and they work. From the first World Trade Center bombing to the tragedy in Oklahoma City -- these incidents resulted in arrests, prosecutions, lengthy prison sentences and, in some cases, the death penalty for the perpetrators.

If we want to see justice for the 3,000 people killed on 9/11 the only place where that justice can be had within a reliable, proven legal framework is within the criminal court system.

We also have to remember that the world is watching. By trying KSM and other terrorism suspects in criminal courts we are reaffirming our belief in our Democracy. That we walk the walk as well as talk the talk when it comes to justice. This is a chance to show that we don't need extra-judicial measures of questionable legality to deal with international terrorism. We already have the tools here at home.

Let's use them.

blog comments powered by Disqus