Terror trials will justly determine fate of criminals

Jared Hall   Opinions blogger and columnist  
November 17th, 2009 - 10:17 PM
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Since his capture in Pakistan on March 1, 2003, Khalid Sheik Mohammed has had a lot of time to sit and think. “KSM,” as he is referred to in military circles, was the self-proclaimed mastermind behind the terrorist attacks of September 11, 2001. He also claimed involvement in an array of other plots. Not a very nice guy.

I can only imagine how he’s occupied himself during his incarceration. If I had to guess, though, I would wager that he hasn’t spent much time feeling guilty. Far more likely, he has filled his days with glorious, perverted visions of himself and his mission: a righteous, blessed soldier in a sacred holy war. Indeed, in the minds of KSM and his confederates, they are zealous warriors.

I trust that I’m not the only one who has major problems with such conceptions.

In recent days, we have learned that KSM will be brought to New York City and put on trial in the federal district court there, just blocks away from Ground Zero in lower Manhattan. This development comes after years of legal and logistical wrangling by the Bush administration; they were unable to construct a set of constitutionally legitimate judicial guidelines for prosecuting terror detainees. The Obama administration contends that a civilian trial, as opposed to the military tribunals that Bush favored, is the most effective way to secure convictions for these men.

There has, understandably, been a great deal of concern over the wisdom of such a move:

Won’t it place Americans at risk for another attack?

Doesn’t this mean we’re going soft on terror?

What if he’s acquitted because of “waterboarded” confessions?

These are legitimate but unfounded concerns.

During the past decade, the United States has prosecuted a number of terror suspects, with universal success. “20th hijacker” Zacarias Moussaoui, “shoe-bomber” Richard Reid, and mastermind of the 1993 World Trade Center bombing Ramzi Youssef have all been prosecuted and convicted with relative ease. No acquittals, no legal miscues, no reprisal attacks.

As long as government prosecutors don’t seek to introduce evidence gleaned from torture-tainted interrogations (KSM was repeatedly subjected to “enhanced interrogation techniques” in 2003), the waterboarding issue may not even become relevant.

In reality, KSM will probably make it easy on us: everyone fully expects him to openly confess to his orchestration of 9/11, show no remorse, and spew his hateful rhetoric. I doubt that the jury will have any trouble finding him guilty, and I find it unlikely that any judge or prosecutor will allow him to go free on a technicality. It seems inevitable.

But why even take the risk? Why not just go for the guaranteed slam dunk of military tribunals?

It’s simple: we need the KSM trial. It brings us one step closer to victory.

Placing the murderous, depraved tactics of Al Qaeda and other extremist organizations on trial exposes to the world an unerring truth: fundamentalist terrorists are not the holy crusaders they claim to be; their cause is not one of glory and sacrifice, it is one of murder and evil.

KSM wants to be seen as a warrior. He wants to be seen as a soldier. We must not dignify him and his followers by allowing them to call themselves “warriors” or “soldiers.” Those are labels proudly worn by the noble men and women of our own military, unfit for indiscriminate murderers. “War” is a legally sanctioned, albeit abhorrent, method for resolving disputes. The killing of commuters in London does not fit this definition. It’s homicide.

By bringing KSM to court and making him face his heinous deeds within the structure of the world’s greatest judicial system, we expose him and his allies for what they truly are: deranged, psychopathic serial killers.

If we allow the trials of terror suspects to be held in secretive, shadowy military tribunals, removed from all outside scrutiny, the only thing we accomplish is further legitimizing their actions and their self-images. We allow fundamentalist terror to retain its cachet, its twisted glory.

But there is no glory in killing civilians. There is no glory in massacring innocent Americans. These truths are self-evident.

Let us place Khalid Sheik Mohammed at the mercy of American judges and American juries. I can think of no more fitting way to punish KSM, in a manner that embodies all of the American ideals and principles he was trying so hard to destroy.

He is not a comic book super-villain. He is not a devout, virtuous servant of God. He is a man, an evil, murderous man who will be punished. The trial of Khalid Sheik Mohammed will show to the world, once and for all, that the grandiose daydreams of violent jihad are nothing more than the perverse delusions of wicked criminals.

Jared is a junior in LAS.

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Reader's Comments

I suppose I'll be crucified

I suppose I'll be crucified for saying this but it's become standard fare among commentators and pundits to assume this man is guilty. Even Obama can't talk about sending him to civilian courts without adding that he's certain he'll be found guilty, as if that's the prerequisite for sending him there in the first place. Remember that the evidence against him was put together by an American government desperate to show some gains in the war on terror (before the 2004 election, I might add). That's not to say it isn't true, but the circumstances around how this man fell into our hands are enough to cast the evidence under the shadow of doubt. Because of the sensitivity of how this evidence was acquired I doubt that it will receive the kind of cross-examination that your typical murder evidence receives. This man won't have any witnesses on his behalf (the defense calls Osama bin Laden to the witness stand!) and prosecutors will defend their evidence with the blanket of "national security." The real danger is that our civilian legal system will be portrayed as a kangaroo court, because KSM isn't going to get a fair trial. If you seek truth and justice be prepared to see this man set free. If he's guilty, hang him high. But I don't think anyone wants to even consider the possibility that he isn't.

You're missing a lot

He's not an American. The Constitution has nothing to do with him, so he doesn't need our courts. He's not a soldier, so he doesn't warrant any conventional protections. He's a well-known terrorist; question him and shoot him. Besides that...

You really don't want to open the world of criminal procedure to terrorists. Look at the blind Sheikh's trial and Moussaoui's trial. The latter was a procedural disaster, mostly because the defense demanded the evidence against him and how it was obtained.

That request will come up here, too, and there are ways around classified evidence. If the defense can convince the judge that it is relevant to the case, the defense will obtain that evidence. Remember, the presumption is for disclosure in a civilian court. What if KSM decides to defend himself, which is another right afforded to him in civilian court? Are we going to spill our secrets to him?

Classified material isn't the only evidence that can be used against us by the enemy. See the list of potential co-conspirators forced into the open in the blind Sheikh's trial in the '90s. Discovery will uncover a pile of that sort of thing, and everybody will be able to see it.

Use a military tribunal. The Supreme Court is okay with it, so why give this guy access to what he absolutely does not deserve? Don't give him a stage, don't let valuable information go public. There's nothing to gain from a civilian trial. And I don't think any taxpayer wants to fund five years of ring around the rosie with a known terrorist.

There's an ulterior motive here. There's no reason for this trial, especially if other terrorists will be tried by a tribunal. The million-dollar question is, "What do Obama and Holder want the world to hear?" I'm betting it has something to do with politics.

While I don't necessarily

While I don't necessarily agree with your critique, I do appreciate how well written and reasonable it was. It's really refreshing to see someone not resort to ad hominem attacks or logical distortions. I'm often dismayed by how idiotic the general online discourse becomes, on both sides of the spectrum.

That being said, I suppose we'll have to agree to disagree on this one.

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