Tuesday, November 17, 2009
"Terrorists" are CRIMINALS
and should be treated as such.
There is no factual or legal distinction that can be cogently drawn between KSM and Tim McVeigh. Both engaged in criminal plotting and actions to destroy a building/buildings and kill people. I have heard it suggested that somehow 9/11 is beyond the reach or scope of ordinary criminal prosecutions.
Hogwash. This is a garden variety crime, a crime that differs from a street shooting only in the number of victims, not in intent or conduct.
I have heard it suggested that this is an "act of war." Double hogwash. Under no recognized construct of international law is this an act of war. The concept of "war" has a definition by consensus. Not every element of the paradigm need be present, as wars can involve asymmetrical conflicts and sub-state units. However, every element of the paradigm CANNOT BE ABSENT as it is in this instance.
We know why they don't want a public trial. First of all, Republicans thrive on fear. If they can't frighten, they can't win. The loathsome John Yoo, who should be in prison, and the cretinous Andrew McCarthy (who wrote that the Iraqis were not sufficiently "grateful" argued that a trial would afford the "terrorists" a treasure trove of intelligence.
First of all, a competent prosecutor and a capable federal judge under the Federal Rules of Criminal Procedure can adequately limit discovery (note to Mr. McCarthy, I said "competent.") And of course, the important question isn't what the government knows that it will tell. It is what the defendant knows and will tell that the bleating sheep don't want to see the light of day.