Commentary Magazine


Topic: law-enforcement officer

And This Isn’t a Tribute to Our Legal System

One of the sillier arguments that the Obami have made in favor of a KSM civilian trial is that it will impress others (whom exactly it will impress is less than clear) with the wonders of our judicial system. There are plenty of reasons why this is a perfectly awful argument. For starters, our judicial system is a system of constitutional law and statute — both of which permit military tribunals for trying enemy combatants. So if anything, the Obami insistence on a civilian trial conveys the wrong message — namely, that for the sake of  political posturing the administration can make up rules as they go along.

But there is another important reason to doubt the “wonders of the judicial system” argument. Bill Burck and Dana Perino make the case that the Obami are bollixing up the KSM trial by their understandable but highly prejudicial statements:

Attorney General Holder, the nation’s top law-enforcement officer, has said KSM is guilty and should die. Check. The president has said more or less the same. Check. The entire political leadership of New York has announced that they cannot support trying him in New York City because of the disruption to the city and the sheer danger of holding KSM in downtown Manhattan. Check. The chair of the Senate Intelligence Committee, California Democrat Dianne Feinstein, has disclosed that the threat environment is such that trying KSM in New York City is just too dangerous. Check. The president’s chief spokesperson has said that no matter where KSM is tried, he “is going to meet his maker.” Check. It’s difficult to imagine anyplace in the United States that would not be prejudiced by these types of statements.

So it seems that the our system of criminal justice isn’t well suited and wasn’t designed to try enemy combatants. Turning terrorists over to the courts both harms our national security and sullies the court system, which is properly reserved for ordinary criminals, for whom the presumption of innocence is fundamental and respected by elected officials. In short, civilian trials of terrorists is a terrible idea, unworkable, politically untenable, and harmful to the legal system the Obami pretend to tout.

One of the sillier arguments that the Obami have made in favor of a KSM civilian trial is that it will impress others (whom exactly it will impress is less than clear) with the wonders of our judicial system. There are plenty of reasons why this is a perfectly awful argument. For starters, our judicial system is a system of constitutional law and statute — both of which permit military tribunals for trying enemy combatants. So if anything, the Obami insistence on a civilian trial conveys the wrong message — namely, that for the sake of  political posturing the administration can make up rules as they go along.

But there is another important reason to doubt the “wonders of the judicial system” argument. Bill Burck and Dana Perino make the case that the Obami are bollixing up the KSM trial by their understandable but highly prejudicial statements:

Attorney General Holder, the nation’s top law-enforcement officer, has said KSM is guilty and should die. Check. The president has said more or less the same. Check. The entire political leadership of New York has announced that they cannot support trying him in New York City because of the disruption to the city and the sheer danger of holding KSM in downtown Manhattan. Check. The chair of the Senate Intelligence Committee, California Democrat Dianne Feinstein, has disclosed that the threat environment is such that trying KSM in New York City is just too dangerous. Check. The president’s chief spokesperson has said that no matter where KSM is tried, he “is going to meet his maker.” Check. It’s difficult to imagine anyplace in the United States that would not be prejudiced by these types of statements.

So it seems that the our system of criminal justice isn’t well suited and wasn’t designed to try enemy combatants. Turning terrorists over to the courts both harms our national security and sullies the court system, which is properly reserved for ordinary criminals, for whom the presumption of innocence is fundamental and respected by elected officials. In short, civilian trials of terrorists is a terrible idea, unworkable, politically untenable, and harmful to the legal system the Obami pretend to tout.

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