Monday, April 4, 2011

9/11 Terrorists To Be Tried by Military Tribunals After All

First enemy terrorist were be tried by a U.S military tribunal. Then they weren't. I lost count of the back and forth.

Then President Obama announced that some suspect were to be tried in civilian court. The backlash forced Obama to back off the plan. Congress threatened not provide the funds for the trials. New York mayor Michael Bloomberg stated that security for the trials would be to expensive for the city to pay.

Today Attorney General Eric Holder announced that certain suspects will be tried by military tribunal.

Of course the spin masters are out. Rep. Lamar Smith from Texas states:
"unfortunate that it took the Obama administration more than two years to figure out what the majority of Americans already know: that 9/11 conspirator Khalid Sheikh Mohammed is not a common criminal, he's a war criminal."

I find that quote laughable. Republican President George Bush had longer to bring the suspects to trial. Instead of taking action, he punted and let the incoming president decide.

Congress painted Obama into a corner with restriction against trying terrorists in civilian courts. Obama really was left with no options.

With the trials moving forward, a few things need see how they play out. First is how open the courts will be. Maybe not right away during proceedings but sometime after the trial to release evidence on why the verdicts were guilty. We already know the evidence standard is lower than civilian courts and hearsay probably allowed. It will be interesting to see what evidence produces a verdict. Will the tribunal convict on flimsy evidence? Will they instead take this as a solemn duty and see that justice is done?

What the tribunal must do is avoid all appearances of victor's justice. That is railroading a suspect with a show trial and the verdict a forgone conclusion. Some people already question the legitimacy of the courts.

Obama had planned to seek the death penalty in a civilian trial. In a civilian court, all evidence would be public. Should the defendants be sentenced to death at least there is public evidence to support the cause. In closed secret tribunals, the very legality comes into question. The death penalty should only be imposed for the most serious and strongest cases.

Anything less that a solemn and diligent court will only enforce public opinion that they are show trials.

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