Question Of The Weekend: Trying 9/11 Suspects In NY

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Nov 14 2009, 8:30 am by Chris Good

Question Of The Weekend: Trying 9/11 Suspects In NY

Is trying the 9/11 suspects in U.S. federal court the right thing to do? Why or why not?

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Comments (14)

Commenter75 November 14, 2009 11:38 AM

Yes, it is the right thing to do. We need to show the world that we are not afraid to bring a criminal case against these individuals in an open court, in a proceeding taking place under the rule of US laws. To try them in secret military tribunals is contrary to everything this country stands for, and will diminish the impact and standing of whatever verdict and punishment are meted out to them. The Nuremberg trials took place in an open setting, with the media coverage, and the defendants were allowed to make statements. Furthermore, it should not be up to the family members to decide whether or not the trial takes place. The families of Tim McVeigh's victims sat in court during his trial. At least President Obama is trying these individuals, not just letting them sit in cell for another eight years.

scarpy November 14, 2009 11:59 AM

Yes, it is, for several reasons.

1. Like Bloomberg said, it is indeed fitting that KSM should face justice in the city he devastated.

2. Like someone else said (maybe here?), treating these prisoners as "criminals" is a sign of disrespect for them and their actions. They are not warriors, they are not supervillians; they are thugs who plot the deaths of thousands and send others on suicide missions to carry out the deed.

3. We disgrace ourselves, the people who died on 9/11, and the many thousands who put themselves at risk in the days afterward to help in rescue efforts, when we act like these murderous cowards are too dangerous to hold on our soil. Mitch McConnell, with his constant, gutless fear-mongering on this issue, is particularly pathetic.

4. The "state secret" argument is both pernicious and silly. Pernicious because if we keep cutting holes in our legal system to protect govt's prerogatives, we will wind up ceding our sovereignty over that government; and silly because the idea that the federal government will allow anything remotely secret to come out in trial is ludicrous, given recent history with state secret doctrine.

5. Honestly, it would do some good to let KSM try to transmit information to his colleagues. It could lead our agents to new contacts and further expose Al Qaeda.

6. The plotters should live out their lives in a SuperMax hole. No executions, no martyrdom, no heroism. Just old sad men going slowly insane. This seems more likely to me in a civilian trial, but I don't know if that's true.

7. Finally, if KSM or someone else escapes on a technicality, someone will shoot him before he ever breathes a free breath.

Pineview1997 November 14, 2009 1:59 PM

Yes. This has been another edition of simple answers to simple questions.

Stan November 14, 2009 2:42 PM

The Sixth Amendment says

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

I believe in following the law, and for this reason I think President Obama and General Holder made the right call.

mesquito66 November 14, 2009 3:19 PM

Well if it's right for the 9-11 conspirators, it's right for the bombers who hit the Cole, right?

TycheSD November 14, 2009 3:40 PM

Excellent answers here. I agree.

Regarding the Cole, that would be appropriate to a military court because it was a military target that was struck.

jennis psycho November 14, 2009 5:06 PM

It will be the greatest recruiting tool for al-Qaeda since 9/11.

Jeff (Replying to: jennis psycho) November 14, 2009 8:09 PM

I would say the greatest recruiting tool for Al Qaeda since 9/11 was invading Iraq, the prison at Guantanamo Bay and "enhanced interrogation techniques".

Andy in Texas (Replying to: jennis psycho) November 15, 2009 10:39 AM

Not really. KSM's views are well known -- his previous statements in custody at Gitmo have gotten lots of play in the media -- and in any case there are plenty of other sources for the same sort of rhetoric, for those who seek it.

I'm sure that if KSM makes any outbursts in court he'll be handled like any other unruly defendant. Happens all the time.

The fact is, KSM and the others at Gitmo are already an inspiration of their detention and treatment over the last eight years. A trail in New York won't make that go away, but it will strip away some of the mystique these guys have, and show them for the criminals they are.

Pineview1997 (Replying to: jennis psycho) November 15, 2009 11:41 AM

Nope, that was Gitmo, Abu Ghraib, and oh yeah, invading the wrong country for no effing reason other than W wanting to show his dad how tough he was.

Neal November 14, 2009 6:43 PM

Of course it's the right thing to do. We will not see it as right though. We are cowards. Our war against them is more about our fear than about their hatred. It's truly pathetic.

One day, perhaps, we'll see that the imposition of our righteousness on others is the cause of our grief. Until then, we'll throw more young men and women into the meat grider that is our crusade. They don't defend our lives, they defend our wealth.

Angst November 14, 2009 9:05 PM

Call me old school, but I believe the civilian trial(s) will be viewed in a political light.

The media will be following the most sensational and breath taking aspects of every event.

The pro bono defence jurists will be preening before the cameras to high heaven.

The defendants will will be soaring on sensational rhetoric of western inhumanity and cruelty.

Opinion journalists from both the left and the right will be praising/despising the entire spectacle.

In the middle, the independent voters (who will in all likely hood decide a fair number of the election outcomes next fall) will be asking "I know this evil man (KSM) killed 3,000 Americans - Why are we having to tolerate this circus in our court system?"

IMHO, the trial(s) will suck up a tremendous amount of media oxygen during the run up to next year's elections and focus voter's attention on the tremendous downside of politically correct decisions by our ruling elites.

As Mark said, "If it was a political decision, it was a very dumb one."

tcrosse November 15, 2009 12:52 PM

Alan Dershowitz has pointed out that the KSM trial also puts the Bush-Cheney administration on trial. Is it unreasonable to think that this is part of the current administration's intention ? In other words, the could risk letting the lesser felon loose (KSM)in order to nab,in their view, the greater ?

The Gunslinger November 19, 2009 7:22 AM

No it is not the right thing to do. This was an act of War by a worldwide network. This was not a criminal act. The Twin Towers were selected as a "military" target. As a criminal trial his lawyers will claim he was not Mirandized, was arrested without warrant, and no evidence was obtained in accordance with the Constitutional protections. All charges will have to be dropped regardless of what he has said in holding. In addition, the use of the military for a law enforcement action (his capture) violated Posse Comitatus and is unlawful. This is a military issue, to be completed by military action after the war is over, which it is not at this time. Unlawful combatants, of which KSM is one, need to be tried under rules following Geneva Conventions.

18 U.S.C. § 1385. Use of Army and Air Force as posse comitatus

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

10 U.S.C. § 375. Restriction on direct participation by military personnel

The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.