Attorney General Eric Holder announced on November 13 that Khalid Sheikh Mohammed, mastermind of the September 11 terrorist
attacks, will be tried in criminal court in New York City, along with four other terrorists. Millions
of Americans were immediately outraged, because Mohammed and the others will then get all the rights afforded an American
citizen in a criminal trial—including the right to taxpayer funded attorneys, the right to review all the evidence (possibly
including classified intelligence matters), and the right to exclude evidence against them (including any confessions obtained
through enhanced interrogation techniques like waterboarding).
Meanwhile, other prominent terrorists will not be brought to the United States
but will instead be tried in military tribunals at Guantanamo.
Among them is Abd al-Rahim al-Nashiri, who planned the bombing of the Navy destroyer USS Cole in 2000. RedState.com commented,
“So, the man who blew up New York gets a civilian trial and the guy who blew up the
Cole gets a military tribunal,” and “Bringing these high profile terrorist leaders to New
York will just put a target on New York again.”
One can expect Mohammed’s attorneys to demand a change of venue, arguing that he cannot receive a fair trial
in New York City. (Fielding an impartial jury in lower Manhattan would seem an impossible task—which is one of many reasons
for a military tribunal.) The defense attorneys will also demand that no information obtained through waterboarding be admitted
as evidence. If nothing else, the case will be dragged out as long as possible—keeping Mohammed alive, costing the U.S.
taxpayers millions of dollars in legal fees and security expenses, and prolonging the agony of the relatives of the 9/11 victims.
(The taxpayers have also paid for the construction of a modern courthouse at Guantanamo
for the purpose of terrorist trials.)
Americans can justifiably ask, “Why? Why does Obama feel it is important to give special privileges to the man
who planned the worst terrorist attack on American soil? What is the upside? What is the point of trying the case in New York?”) While in Japan, Obama comments, “I am absolutely convinced that Khalid Sheikh Mohammed
will be subject to the most exacting demands of justice. The American people will insist on it. My administration will insist
on it.” (The American people insisted that all the captured terrorists be kept off U.S. soil, and Obama has ignored that demand—so what does it matter what
he says?)
The decision by Obama and Holder to use military tribunals for some terrorists but public “show” trials
in New York City for those who were “waterboarded”
to obtain information is purely political. The process will be long and drawn out, and each session in court will consist
of the defense team concentrating on interrogation techniques, CIA methods, and Bush administration actions. In short, it
is the ideal way for Obama to encourage a constant, daily barrage of criticism against former President Bush and Vice President
Dick Cheney, while giving Obama the ability to make himself appear morally superior. If a Democrat Congress were to hold hearings
on CIA and Bush administration activities after 9/11, many would call it a political witch hunt. But with criminal trials
in New York City, Obama and the Democrats can appear above
the fray. The public trials are also a convenient way to divert attention from Obama’s continuing failures; the more
attention the media gives the trials, the less it gives everything else.
The cost of Obama’s plan, however, is untold millions of dollars in added police protection in New York City,
the possible public release of confidential and classified information, the renewal of terrible 9/11 memories for the families
and friends of the 9/11 victims—if not all Americans, the risk of additional terrorist attacks on U.S. soil by angry
radical Islamists, and the recruitment of additional terrorists around the world as the leftist media repeats the “America
is evil and tortures Muslims” story day after day after day. That could all be avoided with military tribunals at Guantanamo. There is no reason not to do so.
For Obama to put the United States of America
at risk with such a purely political decision is beneath contempt. Coward that he is, Obama had his Attorney General make
the announcement for him—while he was on the other side of the world pretending to the people of Japan that he can rid the world of nuclear weapons. For his
detestable action—which some might call treasonous—Obama deserves all the scorn that can be brought upon him…
and it will be forthcoming.
Don Fredrick
November 13, 2009
Copyright 2009 Don Fredrick