The worse the terrorist, the more rights he has?
by William McGurn
The Wall Street Journal
November 16, 2009
When it comes to terrorists, you would think that an al Qaeda operative who targets an American mom sitting in her office or a child on a flight back home is many degrees worse than a Taliban soldier picked up after a firefight with U.S. Army troops.
Your instinct would be correct, because at the heart of terrorism is the monstrous idea that the former is as legitimate a target as the latter. Unfortunately, by dispatching Khalid Sheikh Mohammed and other al Qaeda leaders to federal criminal court for trial, U.S. Attorney General Eric Holder will be undermining this distinction. And the perverse message that decision will send to terrorists all over this dangerous world is this: If you kill civilians on American soil you will have greater protections than if you attack our military overseas.
“A fundamental purpose of rules such as the Geneva Conventions is to give those at war an incentive for more civilized behavior—and not targeting civilians is arguably the most sacred of these principles,” says William Burck, a former federal prosecutor and Bush White House lawyer who dealt with national security issues. “It demolishes this principle to give Khalid Sheikh Mohammed even more legal protections than the Geneva Conventions provide a uniformed soldier fighting in a recognized war zone.”…
…Mr. Holder is not a fool, and everyone in the Obama administration appreciates the backlash that would occur if a KSM trial results in an acquittal. Thus, the men he will send for trial will be those against whom he has the most evidence.
The perversity here is that the overwhelming evidence of their war crimes gain them protections denied a soldier fighting in accord with the rules of war.
It even gains them more protections than their associates who attack military targets. This double standard means that the perpetrators of the USS Cole bombing are sent to military tribunals while the perpetrators of 9/11 are sent to federal court…
The article continues at WSJ.
