Taking A Break From Child Murderer Casey Anthony, Let's Visit "Mitch McConnell's Misguided Zeal". YEP!
Mitch McConnell's misguided zeal
Written by Mason C. Clutter
Recently, Sen. Mitch McConnell has argued that two terrorism suspects, Waad Ramadan Alwan and Mohanad Shareef Hammadi, who were arrested in Kentucky, should not be tried in federal court as the Obama administration intends, but rather sent to Guantanamo Bay and be prosecuted in front of a military commission.
McConnell has said that Americans would be safer if these two individuals were transferred to Guantanamo, thus implicitly casting aspersions on the abilities and value of our own federal law enforcement agents, prosecutors, judges, and others in our criminal justice system. “Sending them to [Guantanamo] is the only way we can be certain there won't be retaliatory attacks in Kentucky,” he said in a floor statement last week. However, the senator overlooks all facts to the contrary — more than 400 successful terrorism-related trials have taken place on U.S. soil since 9/11 without incident, compared to only six completed cases in the military commissions.
These federal trials include that of Ahmed Khalfan Ghailani, who was tried in lower Manhattan for his involvement in the 1998 East Africa Embassy bombings and sentenced to life in prison without the possibility of parole. Faisal Shahzad, the attempted Times Square bomber, was also convicted in New York City without incident, and the attempted Christmas Day bomber is awaiting trial in Detroit. Despite the high-profile natures of these trials, there have been no retaliatory attacks, security breaches, or political grandstanding by the defendants.
McConnell has also stated that “sending them to [Guantanamo] is the best way to ensure that they get what they deserve,” suggesting that civilian courts are somehow soft on terrorism or ill-equipped to handle complex terrorism cases. He also seems to suggest their guilt, despite their not having been convicted of anything. The fact of the matter is that terrorists of all stripes have been tried and convicted in federal court. Indeed, federal courts are actually better-equipped to handle terror cases. Unlike military commissions, federal courts can try suspects for a panoply of offenses that cannot be charged in military commissions, in addition to offenses that constitute war crimes.
Further, convictions in military commissions are far more vulnerable to appellate challenges than those achieved in federal court, thus only heightening the chances that military commission convictions will be overturned, causing further delay for victims and their families. McConnell also overlooks the fact that there has never been a military commission prosecution of a terror suspect arrested on American soil — under either the Bush or Obama administrations. Such a case of first impression would be especially vulnerable to constitutional attack.
Nor is it the case that suspects tried in civilian courts are less valuable sources of intelligence or subject to shorter sentences when tried in federal court. Federal law enforcement officers can and do question suspects and work closely with the intelligence community to gather valuable information to fight terrorism. Experience shows, also, that suspects tried in federal court are subject to longer sentences than sentences handed down by military commissions. Out of six convictions obtained by military commission over the last 10 years, only one life sentence was handed down and two of six defendants are already free. Three of the six will likely serve sentences of less than five years.
In the end, what is most troubling about McConnell's zeal for military commissions and military custody is the apparent little faith he has in the men and women of federal law enforcement who put their own lives on the line everyday to protect US citizens. McConnell's statements are part of a larger push in Congress to militarize terrorism and require military custody and trial of all terrorism suspects, regardless of their place of capture or their citizenship. Such efforts are unfounded and harmful, not to mention disrespectful to the citizens who compose our criminal justice system. A move in this direction would prevent local and state law enforcement agents from arresting and interrogating terrorism suspects, first requiring military custody before the FBI could become involved in a case. These efforts limit our tools in the fight against terrorism and effectively make us less safe.
For years, Guantanamo and the illegitimate policies of trial by military commission and indefinite detention without charge have been harshly criticized by military leaders and national security experts across the political spectrum. Any effort to continue and expand those policies will only solidify the harmful choices of the past and continue to erode America's time honored and tested criminal justice system.
The writer is legal counsel for The Constitution Project in Washington.
Written by Mason C. Clutter
Recently, Sen. Mitch McConnell has argued that two terrorism suspects, Waad Ramadan Alwan and Mohanad Shareef Hammadi, who were arrested in Kentucky, should not be tried in federal court as the Obama administration intends, but rather sent to Guantanamo Bay and be prosecuted in front of a military commission.
McConnell has said that Americans would be safer if these two individuals were transferred to Guantanamo, thus implicitly casting aspersions on the abilities and value of our own federal law enforcement agents, prosecutors, judges, and others in our criminal justice system. “Sending them to [Guantanamo] is the only way we can be certain there won't be retaliatory attacks in Kentucky,” he said in a floor statement last week. However, the senator overlooks all facts to the contrary — more than 400 successful terrorism-related trials have taken place on U.S. soil since 9/11 without incident, compared to only six completed cases in the military commissions.
These federal trials include that of Ahmed Khalfan Ghailani, who was tried in lower Manhattan for his involvement in the 1998 East Africa Embassy bombings and sentenced to life in prison without the possibility of parole. Faisal Shahzad, the attempted Times Square bomber, was also convicted in New York City without incident, and the attempted Christmas Day bomber is awaiting trial in Detroit. Despite the high-profile natures of these trials, there have been no retaliatory attacks, security breaches, or political grandstanding by the defendants.
McConnell has also stated that “sending them to [Guantanamo] is the best way to ensure that they get what they deserve,” suggesting that civilian courts are somehow soft on terrorism or ill-equipped to handle complex terrorism cases. He also seems to suggest their guilt, despite their not having been convicted of anything. The fact of the matter is that terrorists of all stripes have been tried and convicted in federal court. Indeed, federal courts are actually better-equipped to handle terror cases. Unlike military commissions, federal courts can try suspects for a panoply of offenses that cannot be charged in military commissions, in addition to offenses that constitute war crimes.
Further, convictions in military commissions are far more vulnerable to appellate challenges than those achieved in federal court, thus only heightening the chances that military commission convictions will be overturned, causing further delay for victims and their families. McConnell also overlooks the fact that there has never been a military commission prosecution of a terror suspect arrested on American soil — under either the Bush or Obama administrations. Such a case of first impression would be especially vulnerable to constitutional attack.
Nor is it the case that suspects tried in civilian courts are less valuable sources of intelligence or subject to shorter sentences when tried in federal court. Federal law enforcement officers can and do question suspects and work closely with the intelligence community to gather valuable information to fight terrorism. Experience shows, also, that suspects tried in federal court are subject to longer sentences than sentences handed down by military commissions. Out of six convictions obtained by military commission over the last 10 years, only one life sentence was handed down and two of six defendants are already free. Three of the six will likely serve sentences of less than five years.
In the end, what is most troubling about McConnell's zeal for military commissions and military custody is the apparent little faith he has in the men and women of federal law enforcement who put their own lives on the line everyday to protect US citizens. McConnell's statements are part of a larger push in Congress to militarize terrorism and require military custody and trial of all terrorism suspects, regardless of their place of capture or their citizenship. Such efforts are unfounded and harmful, not to mention disrespectful to the citizens who compose our criminal justice system. A move in this direction would prevent local and state law enforcement agents from arresting and interrogating terrorism suspects, first requiring military custody before the FBI could become involved in a case. These efforts limit our tools in the fight against terrorism and effectively make us less safe.
For years, Guantanamo and the illegitimate policies of trial by military commission and indefinite detention without charge have been harshly criticized by military leaders and national security experts across the political spectrum. Any effort to continue and expand those policies will only solidify the harmful choices of the past and continue to erode America's time honored and tested criminal justice system.
The writer is legal counsel for The Constitution Project in Washington.
Labels: Crime, Middle East, Military, Mitch McConnell, Punishment, Terror
posted by KYJurisDoctor at 6:52 PM
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