The decision to try 9/11 mastermind Khalid Sheik Mohammed in a federal courthouse in Manhattan, where he and his four co-conspirators will receive the full array of rights enjoyed by American citizens, will show the world that our system of justice is an enlightened model for the rest of the world. It will “vindicate this country’s basic values” and “stand as a symbol in the world of something different from what the terrorists represent.” We will be adhering to the “rule of law.” Or so Obama defenders argue.
But imagine KSM being found not guilty, which is a possibility. What happens then? According to Democratic Senator Jack Reed, “under basic principles of international law, as long as these individuals pose a threat, they can be detained, and they will.” Come again? You mean if KSM is acquitted he will still be detained? Yes indeed, according to Senator Reed. He will not be released, “because under the principle of preventive detention, which is recognized during hostilities,” we can continue to hold KSM.
Well, now. It seems to me as though President Obama and Attorney General Holder need to be asked whether they agree with Senator Reed. If not — if they believe that the proud, self-confessed mastermind of the deadliest attack in history on the American homeland should be able to walk free if acquitted in this trial — then Obama and Holder should certainly say so. If KSM were acquitted, the president and his attorney general should proclaim from the rooftops that Mohammed is a free man, found innocent in a civilian court of law, and then allow voters to render a judgment on their decision.
If, on the other hand, Obama and Holder agree with Senator Reed, they should state that as well.
Right now Obama and Holder, in saying they are answering the “call to justice and fairness,” take great pride in presenting themselves as committed to equal justice under the law. That they are willing to try KSM in a civilian court is supposedly proof of their enlightened worldview. Except that if President Obama and Attorney General Holder agree with Senator Reed, it is all a fiction: If KSM is acquitted, he will not walk the streets of New York City or of any other place. He will be detained. The verdict in his trial will be rendered inoperative. And the justice and fairness that Obama and Holder speak about will turn out to be quite different from what most people who are praising Obama’s decision have in mind. The “rule of law” our president and his attorney general hope to showcase will actually be a game that has been rigged at the outset. It will be Alice in Wonderland justice (first the verdict, then the trial; and if the trial turns out differently from what you had hoped, ignore the verdict). If that’s the case, then what Obama and Holder are doing will turn out to be a very dangerous stunt done only for optics. Their actions will be revealed as cynical and misleading. And engaging in this charade in order to impress the rest of the world will do significant harm to our nation.
Every month the Obama administration seems to outdo itself in terms of making terribly unwise decisions. This one ranks high among them. It will add another damaging brushstroke to the Obama canvas. The current administration is revealing itself one act at a time; the curtain is being pulled back on it one decision at a time. The liberal, and in some cases the radical, actions of the Obama administration are piling up like cars in a rush-hour traffic accident. But a day of reckoning will come, I suspect; first to Mr. Obama’s party, and then to Mr. Obama himself.