Civilian Trials and Terrorists – What Happens If…?

Over the last few weeks I’ve been reading a lot about the decision by President Obama and his administration to have a few of the prisoners at Gitmo, including the infamous Khalid Sheik Mohammed (KSM), have their trials in U.S. Civilian Court rather than in a Military Tribunal. My first reaction to the decision was automatically that they were “Enemy Combatants” and they should be tried in a Military Tribunal. There was the thought in the back of my head though, that in either, they’d be tried, convicted, and justice would be served. But, the more I read, the more I say, “hold on a minute”. There are a lot of questions I’ve started asking myself especially since reading this article from (Sen. Conrad Suggests That People Who Don’t Believe in Civilian Trials for Terrorists Should Leave America and ‘Go Somewhere Else’).

So, what happens in a Civilian Court if evidence hasn’t been collected? What happens if they were never read their Miranda Rights? What happens if their confession (yes, these detainees did confess) is not admissible because it is considered to have been coerced out of them? What happens if their attorney decides to have them plead “insanity”? What if there is some type of technicality and, hey, they’re off, free as can be? There are many other questions that come to mind, but I want to keep this kind of short and not drag on.

Now, the administration tries to reassure us that there is no way that the detainees would NOT be convicted, but can they really say that? I mean, isn’t it logical that if they are to uphold the laws and how they apply to a Civil Trial, that there is indeed the possibility that the terrorists might go free? But, that raises another question in my mind. Are they so certain the detainees will be convicted because the Administration and the Justice Department just plan on running rough-shod over the laws governing a Civil Trial? If they do that, then what kind of precedence does that set going forward for our judicial system for all of us?

The following article from American Thinker (Get-out-of-jail-free card for terrorists?), addresses these issue very well. I think it is a very bad decision to hold these trials in Civilian Court. I believe it opens up too many chances for these terrorists to get off on some sort of technicality. They are not U.S. Citizens and frankly have no right to a trial in our courts anyway.

What are your thoughts on this? Let me know.


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