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Due Process for Terrorists

If everyone weren't so distracted by the events on Capitol Hill, Fred Thompson's remark in South Carolina today that Osama bin Laden should receive due process if he is captured would be getting more discussion.

A Thompson spokesman later clarified the Senator's position:

"[T]he same rules ought to apply to him as to everyone at Guantanamo Bay, and there ought to be due process through a special military court or commission.''

"For anyone to suggest that we shouldn't squeeze out every last bit of intelligence information has absolutely no understanding how to fight a long term global war on terrorism,'' spokesman Todd Harris said. "It would be very dangerous for the long-term security of our country to not try to milk bin Laden for every ounce of information he has.''

Thompson's support for upholding the due process rights of Osama bin Laden is not inconsistent with his spokesman's clarification, the protestations of Leftists notwithstanding. Bin Laden, should he be captured alive, remains subject to the law, its obligations, and its protections.

It is easy to slip into the trap of thinking that such a self-evidently evil man should be summarily disposed of, law be damned. But that is not the American way, and it is no way to show our enemies that they have been thoroughly beaten by the West.

Bin Laden wanted to subject the world to Islamic tyranny and Sharia law. I can think of nothing more appropriate than seeing him a bowed and broken subject of American law. He thinks he is outside of our laws; as a symbolic matter, I see no reason to grant him any exceptionalism. He is murderous scum; let him see how the law treats his kind.

Questions over the due process of terrorists always make me think of Robert Jackson, a Supreme Court justice who, after World War II, went to be the Chief U.S. prosecutor at Nuremburg. At the end of the tribunal, Jackson told the court:

The future will never have to ask, with misgiving: “What would the Nazi’s have said in their favor?” History will know that whatever could be said, they were allowed to say. They have been given the kind of trial which they, in the days of their pomp and power, never gave to any man.

Posted by: Gabriel Malor at 10:18 PM



Comments

1 I agree with the process and the reasoning about gathering the intelligence.  However, I doubt we will agree on how he should be executed.

Remember those people who chose rather to jump to their death instead of being burned alive?  Push his ass out of a helicopter and count how many times he bounces.

Just sayin'.

Posted by: former republican at September 10, 2007 10:29 PM (I+C25)

2 They say his guard are all sworn to blow him away if we get close.  The claim is its a decision beyond his control in the hands of the guards.

Posted by: Purple Avenger at September 10, 2007 10:31 PM (mrNpK)

3 Push his ass out of a helicopter and count how many times he bounces.

It would give him a moment to hopelessly reflect on the mistakes he made.

Posted by: z ryan at September 10, 2007 10:42 PM (PDeVA)

4 Alabama chain gang. Life sentence.

Posted by: Aaron at September 10, 2007 11:20 PM (QDGDh)

5 You know that Nuremberg trial?

Ex-post-facto law. We invented charges entirely out of thin air.

And entirely justified, nonetheless.

Posted by: MlR at September 10, 2007 11:23 PM (mX6h5)

6 Bin Ladin is a special case. There are many thousands of friends and relatives, and more than six thousand american ghosts waiting for justice to be done on this man. The intelligence he may provide cannot trump the need to bring him to the death chamber. He needs to be tried in federal court in New York, and if acquited, immediately released into the streets of New York City. If he is convicted, he must be put to death in the most transparent and humane way possible. The contrast with the way he treats other people has to be apparent to all.

Posted by: Wally Lind at September 10, 2007 11:47 PM (1Fvg1)

7 Not sure I care what Thompson said. After watching today's fiasco and slandering of an American Commander in the field, I support any Republican candidate. we spend an awful lot of time beating up our candidate as unacceptable when we should be aiming our salvos at the dems. Any of our, and I do not consider Paul one of ours, is better than any of theirs. We should remember that as we tear our guys down.

Posted by: Opinionator at September 10, 2007 11:58 PM (SGQUx)

8 I always favored the idea of giving him a sex change and sending him off to one of those blissful Islamic paradises he's trying to turn the whole world into.

Posted by: CapitalistPiglet at September 11, 2007 12:22 AM (4paRT)

9 http://en.wikipedia.org/wiki/John_André

Nine days. _With_ an appeal to George.

Posted by: Al at September 11, 2007 12:49 AM (Lk931)

10

I agree.  We should duly process his arse through a meat grinder.

Posted by: darkbhudda at September 11, 2007 12:59 AM (rsksa)

11 Shortly after being taken into custody, he needs to be shot while trying to escape.

Posted by: dave at September 11, 2007 06:46 AM (T7Z1d)

12

As M1R pointed out, the Nuremburg trials weren't exactly the high point of Western judical practice. As much as the Nazis had it coming, there's no point in trying Bin Ladin if we can't be more consistent than we were then.

Posted by: spongeworthy at September 11, 2007 10:20 AM (uSomN)

13 After the Saddam fiasco, he won't be taken alive.  96% chance he'll off himself or one of his thugs will do it, 3.99% chance he'll be killed resisting.

Posted by: holdfast at September 11, 2007 10:34 AM (Gzb30)

14

Gabriel:

Terrorists are different from your run-of-the-mill war criminal, in that they crave publicity for their cause.  Any kind of trial is going to be a media circus, with Bin Laden as the star.  I cannot think of anything worse for the US and its interests than a trial followed by his execution.  (Well, perhaps capturing him,  physically abusing him, killing him like a dog, and then displaying his remains, accompanied by cell-phone internet-streamed images of the whole action.  I imagine that is the scenario that many here would LOVE to see, which figures).

What would be best, would be for him to be killed in an obscure skirmish in an equally obscure part of the Pakistani-Afghan border.  The US should not risk resources and lives to try and capture him, when killing him will do.

Posted by: Tom S at September 11, 2007 10:42 AM (GKPZG)

15

Tom,

I agree. President Bush is correct. Osama, himself, isn't that important. Whack him publicly, you make a martyr out of him. Think: "Hit me, says the masochist." "No, says the sadist." By publicly downplaying Osama, President Bush is doing the right thing. It is the underlying ideology and the conditions that foster it that are important. This is one reason why Iraq made strategic sense. Take out one State in the Axis of Evil. Sow fear in another by geographically surrounding the primary remaining State in the Axis of Evil and positioning yourself to take out said State's proxy between your Army and Israel. Sad to say, this plain logic is lost upon the loony left.

Posted by: Hank Rearden at September 11, 2007 11:47 AM (ES4Ca)

16 I think we should treat him a little like old Golden Gate Bridge cables.  Cut him up and sell off the pieces to the highest bidders. 

If you want to cut a piece while he's still alive it'll cost quite a bit more.  I'd guess at least half a million, maybe more.

Posted by: JEM at September 11, 2007 12:26 PM (G8Eo0)

17

Hank:

This may be a little hard for you to absorb, but wanting Bin Laden killed rather than captured and put on trial, does not imply support for what passes for the Bush administration's policy in regard to the Middle East and terrorism.  It has been utterly disastrous in almost every regard. 

The reason the Bush administration downplays Bin Laden (except around election time) is that they have been utterly unsuccessful in tracking him down.  Although nothing is guaranteed in this world, stripping US covert military and intel assets from Afghanistan to prepare for Iraq certainly did not make it easier to catch him.  Because of the emphasis on Iraq, Al Qaeda has been able to reestablish itself near its old stamping ground, while the Karzai government in Afghanistan basically controls Kabul and its environs.  A real chance of success--in a country whose inhabitants actually did welcome us--has been pissed away, thanks largely to an administration whose grasp of geopolitics is about the same as yours (not a compliment), and whose incompetence in the execution of its policies is almost without parallel.

Posted by: Tom S at September 11, 2007 02:03 PM (GKPZG)

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