No common sense needed

Matthew Hoy
By Matthew Hoy on July 6, 2011

The Obama administration seems hell bent on trying terrorists in show trials in U.S. federal courts despite bipartisan opposition in Congress and in direct contravention of common sense.

Just this week, the administration announced that Somali terrorism suspect Ahmed Abdulkadir Warsame had been captured two months ago and held on a US Navy ship where he was interrogated before bringing him to the U.S. to stand trial in federal court in New York City.

Let’s unpack all the stupid.

  • How is that 2 months of interrogation before warning Warsame of his Miranda rights going to work out when you present it to the judge? It doesn’t matter how you segregated the intelligence-gathering vs. the criminal-prosecution phases, defense lawyers are going to have a field day.
  • Trial in NYC? Hey, they didn’t have a big enough target on their backs before you decided to try a terrorist there?
  • How about making the judge and prosecutors in the case targets as well? Are you going to provide security for them?
  • And the poor saps who get picked to go on the jury? Are they going to need to go into the Witness Protection Program after serving?

I guess we should count ourselves lucky, as Marc Thiessen has pointed out, the alternatives as practiced by the Obama administration are worse:

Vice Adm. William McRaven told the Senate Armed Services Committee that the Obama administration has no clear plan for handling captured terrorist leaders if they are caught alive outside the war zones of Afghanistan and Iraq. McRaven testified that that “in many cases” suspects captured in secret are taken to a U.S. Navy ship until they can be tried in a U.S. court or transferred to the custody of an allied country, but if neither option is feasible, he said, the terrorist is let go. “If we can’t do either one of those, then we will release that individual,” McRaven told the committee.

Which leaves the obvious question: If Warsame is the first suspect to be transferred to the United States for trial, what happened to the others?

I’m guessing when McRaven says the terrorist is released, he’s not actually released from the Navy ship right into international waters a minimum of 9 miles offshore.

You’d think that the Casey Anthony case might be a wake-up call that there are no sure things when it comes to jury trials—despite Attorney General Eric Holder’s contention that Khalid Sheik Mohammed’s conviction would’ve been certain.

We have a great place to keep, try and execute terrorists. It’s called Guantanamo Bay. Obama promised to close it down. The fact that he hasn’t is his only bow to reality.

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