"A government big enough to give you everything you want is strong enough to take away everything you have."

Saturday, November 14, 2009

Obama Administration vs. America, Part 239

Honestly, I would like this blog to be able to focus on something other than criticizing the Obama Administration. But almost every day, Obama and his administration are responsible for some new outrage. Just when I tell myself, "This is as bad as it gets," Obama and his cronies do something even worse that catches me off guard. I'm tired of being outraged. I wish Obama would do something bipartisan or patriotic so I could give him a little bit of credit for being in some way up to the task of being the leader of the free world. I'm still waiting.

The latest outrage is yesterday's announcement by Obama's Attorney General, Eric Holder, that top al-Qaeda terrorist Khalid Sheikh Mohammed and his four co-conspirators will be brought to New York City and tried in civilian courts for their roles in the 9/11 attacks. Mohammed, of course, is the admitted mastermind of the World Trade Center attacks. This is an outrageous decision for the following reasons:

1. Mohammed and other al-Qaeda terrorists, as well as the other Guanatanamo Bay detainees, are not U.S. citizens. They are foreign enemy combatants and part of an organization that is at war with our country. For this reason, these terrorists do have not constitutional rights and are in no way subject to the jurisdiction of the federal court system. Holder's decision grants these terrorists rights that do not belong to them -- and should not belong to them.

2. Trying these terrorists in civilian courts makes it far more difficult to prosecute them effectively. Remember -- these terrorists were detained under the laws of war. Some of them, including Mohammed, were subject to enhanced interrogation techniques including waterboarding. They were not read their Miranda rights and did not receive lawyers. Much of the evidence against them may not even be admissible in court. Left-wing, terrorist-sympathizing defense attorneys will have a field day with these cases. They will bombard the court with pre-trial motions and motions to dismiss and attempts to free the defendants based on technicalities. They will claim that these terrorists were tortured, that they were denied access to legal help, that they were held without proper evidence, and that their confessions were coerced. They could use all sorts of legal tactics to delay these cases for months or even years. We have all heard horror stories about corrupt, left-wing federal judges who award old ladies millions for spilling coffee on themselves and give child rapists three months in jail. What's to prevent such a judge from acquitting one or more of these terrorists because of the prosecution's failure to meet due process requirements, or to make a point about torture or war-time detention? These men are extremely dangerous terrorists, and we must never open the door to the possibility that any of them could be set free.

3. Trying these terrorists in civilian courts risks the exposure of intelligence methods and sources and other confidential information that could jeopardize U.S. national security. U.S. civilian courts have very burdensome discovery and witness-confrontation rules that could force the government to disclose a huge amount of classified intelligence information. This is dangerous to our country because it could give our enemies a great deal of insight into our methods and activities in the War on Terror which they will not hesitate to use against us. Bin Laden gained valuable information from the 1995 trial of one of the bombers of the World Trade Center, which led him to flee from Sudan to Afghanistan. Also, such a disclosure of U.S. national security secrets will discourage cooperation from intelligence sources and foreign intelligence services, leaving us even more vulnerable to terrorism.

4. Trying these terrorists in civilian courts gives the terrorists exactly what they want -- a big microphone to spout their hatred and contempt for the U.S. The civilian trial of the 20th hijacker, Zacarias Moussaoui, turned into a circus. No one doubts that Mohammed is guilty. He and his lawyers will use his trial not to argue for his innocence, but instead to try to embarrass the United States military and the CIA while emboldening terrorist sympathizers around the world.

5. A civilian trial for al-Qaeda terrorists in New York is a huge security risk. Bustling, densely-populated Manhattan is already a bull's eye for terrorism, and a public trial of al-Qaeda members makes it worse. Our country will pay a huge amount of money for top-level security at these trials, and still run the risk of inviting terrorist attacks that could cost many lives.

6. Our country has a long history of trying foreign enemy combatants in special military tribunals during wartime. In 1942, eight Nazis who sneaked into the U.S. were tried by a military tribunal and hanged. And make no mistake about it -- we are in a war against radical Islamic terrorism. The Fort Hood attacks are just the latest reminder of that sobering truth. Military tribunals are not against the rule of law -- they are part of the rule of law. The 2006 Military Commissions Act was passed to establish a detailed legal process for detainees in response to a Supreme Court ruling and received bipartisan Congressional support. These commissions, held at the impenetrable Guantanamo Bay fortress, were widely considered to be impartial and effective. They provided very generous due process protections for wartime combatants, but ensured that information vital to our national security would not be disclosed. Such a commission had already been established for Mohammed and his fellow terrorists, and they had already agreed to plead guilty and accept execution. Yet Obama has broken with this long American tradition and discontinued this system of military commissions.

7. Obama apparently thinks this decision will reduce or eliminate radical Muslim hostility to the U.S. This is ludicrous. Obama has taken a much softer approach to terrorism than his White House predecessor, and the result has been a significant increase in attempted terrorist attacks on our soil. Nearly half of all the attempted terrorist attacks against U.S. targets that have occurred since 9/11 have occurred in the past seven months -- since Obama took office. He has also taken a conciliatory approach toward the worlds' #1 terrorist-sponsoring country, Iran, which has produced no positive results or cooperation whatsoever. Obama's approach is interpreted as weakness and lack of resolve on the part of our enemies, and they appear to be more emboldened than they have been in quite some time.

In summary, this is a terrible idea born out of Obama's twisted left-wing ideology. It shows that the Obama Administration does not take terrorism seriously. It is giving these terrorists far more respect and far more rights than they deserve and allowing them to use our country's institutions against us. It emboldens other terrorists around the world. It is putting our national security and confidential intelligence information at risk. It is creating the possibility that dangerous terrorists might be set free. It shows a dangerous lack of resolve during wartime. May God have mercy on our country.

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