Wednesday, November 18, 2009

In Criminal Court?!? In downtown NYC!?! Seriously?!?

Considering the fact that I watched 9/11 out the window of my apartment & consider myself a patriotic American I'm guessing you may have a good idea on my thoughts of trying 9/11 terrorists in a criminal court vs a military court. Instead of bloviating...I will lay out some questions & facts so you may come to your own decisions & conclusions...

  • None of the accused 9/11 defendants that are going to be tried in criminal court in NY are American citizens
  • None of the accused are illegal aliens that were arrested on American soil for breaking US laws
  • Zacarias Moussaoui is not a U.S. citizen but was captured on US soil. He was tried in civilian court.
  • What precedent is there for trying enemy combatants captured on foreign soil in a civilian court of law versus a military tribunal? When Eric Holder was asked today by a US Senate Committee if there has ever been a case in US history of an enemy combatant caught on a foreign battlefield tried in civilian court he did not know the answer. If he does not know this, then what legal precedent is he basing his decision?
  • Has there ever been one? I could not find one. If any of you have please send it over.
  • Do Miranda rights extend to foreign nationals?On foreign soil? (they were not read Miranda rights when captured).
  • Do Miranda rights supersede the rules of the Geneva Convention for enemy combatants?
  • Even if enemy combatant's are read Miranda rights on foreign soil would they even apply in a court of US law? Would they apply if captured on US soil?
  • Can we truly find a jury comprised of 12 unbiased men & women that are peers of the accused?
  • Will any involved with this case ever be safe again & be able to lead a normal life(Jurors, Lawyers, Judges, Court Officers etc)
  • What are the security risks & costs of what could turn into a multi-year trial? (Chuck Shumer has asked for an additional $75,000 million to cover security costs, the human costs are incalculable)
  • What benefit do we as a people get for trying the accused in a Criminal court vs a Military Tribunal?
  • What are the future ramifications of doing this? What message are we sending to those who wish us harm? Do we want them secure in the knowledge that they will have the full protection of OUR laws?
  • What if they are not found guilty due to any number of reasons? Even though they have all admitted to it...
  • If there is an attack in NY during the trial will Eric Holder take responsibility? Will he agree that he should be prosecuted for reckless endangerment & Manslaughter? If there is no attack should he still face criminal charges of reckless endangerment &/or civil charges for any economic damages done to the city of New York & public & private businesses?
Again...to me the answers are pretty crystal clear. You need to ask these questions of yourself. I live in New York & I interact in the real world with real live people & real consequences. I do not live in a tower in cyberspace where theoretical & hypothetical concepts debate each other on a virtual chessboard...

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