The Trial Must Go On; The Sooner the Better
The accused September 11 “mastermind”, Khalid Sheikh Mohammed, is like a bad case of indigestion that just won’t go away. After almost ten years of captivity at the U.S. military prison at Guantanamo Bay, KSM still has neither been formally arraigned nor brought to trial. In this case the concept of Habeas Corpus has apparently been permanently suspended due to KSM’s status as a prisoner of war. Senior Obama Administration officials are now recommending the KSM be prosecuted in a military trial, reversing a prior decision to hold a criminal trial for KSM and four accused co-conspirators in a Lower Manhattan court. The change of mind on KSM’s status, and the location of where he should be tried has come after intense political pressure from many Republican leaders, and rightly so. A highly publicized trial, held on American soil, and subject to the civilian criminal code could easily become “circus-like” event, followed closely by the American and foreign press, and open the “door” to highly embarrassing testimony about the treatment of prisoners at the Guantanamo prison. It could also highlight the fact that KSM has been held for almost ten years without being tried for his crimes.
Regarding the impending trial of KSM (be it in civilian court or by military tribunal), the ubiquitous Osama bin Laden has weighed in via an audiotape aired on al Jezeera. Bin Laden complained that President Obama was following in Bush’s footsteps regarding the indefinite holding of al Qaida detainees, and warned the U.S. government not to execute KSM or any other “prisoners of war”. Bin Laden went on to say that “When America makes that decision (i.e. to execute KSM) it will have (also) made a decision to execute whoever of you is held by us.” The threat could signal an increased kidnapping risk targeting U.S. citizens during and after a trial in the United States. On this point, Osama bin Laden should be taken seriously.
- Image by KarlMarx via Flickr
The kidnapping and subsequent murder of American citizens by al Qaida is nothing new, and the gross mistreatment of American prisoners is already standard policy for the Islamic terrorist groups. However, Bin Laden’s public statement signals that the al Qaida leadership is willing to exploit the deep political divisions within American society by pressuring the Administration to keep KSM alive, under threat of renewed violence. After caving in to political pressures to bring KSM to trial in a military court, President Obama must follow through swiftly, even if it results in a death sentence. During this time of great political turmoil in the United States it is more important than ever to show al Qaida and Osama bin Laden that we remain united in the pursuit of justice. It is time to put KSM on trial and mete out the justice he so richly deserves.
-Rich
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Good post, Rich. But this is the rare issue in which I really don’t know what is best… and part of me doesn’t really care. Try him in federal court (ala Timothy McVeigh) or in military court. It doesn’t really matter to me. I’m pretty sure he’d get a death sentence, unless his torture and confinement would threaten the case–but there is no way they would ever just cut him loose. Keep him in jail until he rots… that’s okay with me, too. It’s all a sad remnent of a sad time. It’s poisoned by the past and unresolveable in the future without upsetting somebody. It’s just a mess. One thing I know–we can’t worry about what Bin Laden thinks of it. He hates us anyway. He’s one predator drone away from his date with the 40 virgins.
Who will not feel with you that normal justice has to be done in the case of psychopaths like KSM, but there is nothing normal about this kind of crime or the power of the groups behind the perpetrators. Justice as perceived by the average person does not figure in the actions of world leaders, just as home economic principles are not relevant to national economics, or morality to the actions of church leaders.
A small group of murderers cannot ‘pay’ for the lives of 5000 people, and justice would have to consider the future lives lost as a result of executing terrorists. This is not a ‘crime and punishment’ scenario, and the popular wish has to be ignored for the sake of much bigger issues.
Not that politicians will care if a few more thousand innocents die, if the target for another war is illuminated. I wonder, Rich, if you could post on the deeper issues at stake here – anyone can shout ‘lynch the bastards, and the sooner the better’ Bob
Great Post Rich and well related to todays news.
somehow I wonder what will happen when foreign governments demand that their courts try the renditionists, for their kidnappings and the imprisonment of many innocents. It all seems like a mess of spaghetti. how anyone can unravel this is really wayyy beyond my level of comprehension. I just don’t trust the Supreme Court five to do the right thing. thats why this all sems so surreal. the ksm monniker even; it’s just so crazy.
Nice post. What’s the old saying, “Justice delayed is justice denied”?
For goodness sakes, even Ronald Reagan believed that trying terrorists in regular courts was a demonstration of the strength of our system. Of course, he didn’t have a situation where the entire process has been FUBAR’d by mishandling of cases and mistreatment of prisoners.
We are now in the ultimate lose-lose scenario.
Bagger,
I’m not so sure that Osama bin Laden really cares what happens to KSM either. Bin Laden is making a lame attempt to stir up the “political pot” in the U.S. but voicing the same old threats. Never-the-less, KSM should not be held endlessly without a trial.
Bob,
For me, the issue at stake here is one of “justice”. Shortly after World War II, trials were held at Nuremberg for those accused of war crimes. At the time no one believed that the execution of the perpetrators could begin to atone for the deaths of millions of people. The same thing applies to Adolph Eichmann or Saddam Hussein. The holding of prisoners at Guantanamo without indictment and the suspension of habeus corpus only shows the world we are not interested in justice, only in retribution.
ausetkmt,
You are right, it is crazy! The delay in the indictment and trial of KSM only shows the world that we don’t know what to do with him. By delaying justice we only turn KSM into a martyr, which is exactly what he wants.
Windroot,
Well said! The only way that we could screw things up any worse would be to create the circus atmosphere of a “show trial” in civilian court.