Khalid Sheik Mohammed is among 5 terror suspects in connection with 9/11 that will be due for trial for New York in the near future in a Civilian court, a move that many Americans are finding quite controversial. This issue may play a major factor in the outcome of the midterm elections next year in light of recent polls that have been released. Only 29% of Americans approve of the president’s decision. Those who oppose it, which is clearly more than half do for good reason. The consequence of putting these terrorists into civilian courts is the much more strict constitutional guidelines that subsequently take effect.
Now the administration has come and is promising Americans that these people will be brought to justice and will not be released onto America soil in the off-chance they are acquitted. We’ll unfortunately we saw in a 2007 Appeals court ruling that indefinite detainment of Terrorists legally on American soil is not allowed. Ali Saleh Kahlah al-Marri was ordered to be released by the court during the Bush administration because since he was being detained on American soil, constitutional law then applied. This is overlooked but will acts as a strong precedent because of its proximity in history to this event.
How can we trust then that there is not a risk of this happening again with the detainees being brought in to be tried in civilian courts?
The answer is, We can’t. There is concern being raised that they might be released on technically. Now although this is seemingly very unlikely, let’s take a look at a couple different routes defense attorneys could go about arguing that point. Since the constitution applies, they could bring up the grievances on the fact that Mohammed was detained for 6 years which stands in violation of the rules for a fair trial. They could also contend the likelihood that they could actually assemble an impartial jury. Now, depending on how receptive the judge is of those arguments will be a major player in the outcome of that trial, but it’s definitely something to watch.
The idea that these people who have been detained for war crimes against this county would be given civilian constitutional rights is an abomination against our constitution. It is unprecedented in history. If you weigh in the absolute atrocities being committed against our troops overseas today, its amazing to think that we’d even consider returning any kind of favor to them. Not to mention the fact that these people have openly professed that they would return to their militant ways upon release because they think they are religiously driven. You can’t change them, so it’s ludicrous to undergo that kind of risk.