Friday, February 06, 2009

What to Do with Terrorists

Would you like a little reason with your coffee this morning? Listen to Richard Clarke (and why isn't he getting a place in the Obama Administration?).


....but hey, do what you want....you will anyway.

Before George W. Bush, there was no real question about what the United States should do with people who broke American anti-terror laws. It did not matter whether they were arrested in the United States or overseas. In the 1993 World Trade Center bombing, for example, one suspect, Muhammad Salameh, was caught in New Jersey. Another, Ramzi Yousef, was caught in Pakistan. Upon arrest, both were given their Miranda rights, arraigned before a US magistrate, given a free lawyer appointed by the court, tried and convicted before a jury, and sentenced to the "Supermax" prison in Florence, Colo.

Nor did it matter whether terror suspects broke American law in the United States or abroad. The laws that make terrorist violence directed at Americans a crime also provide "extraterritorial jurisdiction," meaning the United States can try someone for such acts even if the crimes did not occur domestically. Mohammed Sadeek Odeh, who bombed the US embassy in Kenya, was arrested in Pakistan, returned to the United States, placed into the US justice system, afforded all the rights as an accused criminal, convicted, and is also now in Supermax.

Even in cases where the terrorist act was planned but not perpetrated, criminals were arrested and processed in federal courts. The so-called "Blind Sheik," Omar Abdul Rahman, was accused of plotting to bomb the United Nations, tunnels from Manhattan to New Jersey, and other iconic facilities. He too was convicted and placed in that same Colorado prison.

These examples demonstrate three things. First, the US criminal justice system has a history of successfully prosecuting terrorism cases and can continue doing so. There simply was no need for the special "kangaroo courts" created by the Bush administration.

Second, convicted terrorists have for some time resided at Supermax in Florence, Colo. Yet, as its mayor says, the town is "a great place to shop, stay, and visit," and has a low crime rate. Residents of Colorado are not bothered by the detention of these criminals. There has never been an escape by any of the terrorist prisoners.

Third, the return to the United States of Yousef and Odeh were "renditions" as defined by a directive from the first President Bush. Although all renditions have become controversial, these examples did not involve dragging criminals to a third country for torture or interrogation, nor did they violate US law or human rights.

  Richard Clark (at boston.com)



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