Try Terrorists as Terrorists - Not as Civilians
It's critical that terrorists be treated as enemy combatants - prosecuted in military tribunals - not tried in the U.S. criminal court system. The two most recent examples of this troubling strategy are the transfer of 9/11 mastermind Khalid Sheikh Mohammed to federal court in New York City, and the more recent decision to prosecute the Christmas day bomber in federal court.
We have maintained that transfering terrorists to civilian courts would limit and even exclude important evidence against the terrorists. It would also give the terrorists a platform to spew hate and incite more violence.
At the same time, such a move would convert our soldiers into law enforcement officials and divert them from the task of fulfilling the operational duties of fighting the War on Terror.
Fortunately, there are numerous legislative efforts underway to oppose this dangerous strategy. First, 22 Senators have sent a letter to President Obama urging him to try in military court the Nigerian man accused of attempting to blow up a U.S.-bound airliner on Christmas Day.
The letter contends that the only way to uncover the methods and means Abdulmutallab used to avoid detection by U.S. officials is to try him in a military tribunal. They say that federal court allows too many privileges.
According to the letter: By prosecuting Abdulmutallab and the 9/11 conspirators in criminal court, and [Abd al-Rahim al-] Nashiri and others by military commission, it creates the impression that terrorists are rewarded with the full panoply of rights and privileges of an American if they attack defenseless civilians at home, but not if they attack our government or military interests abroad. This will only further incentivize terrorists to attack our Homeland.
Additionally, Rep. Todd Tiahrt (R-KS) has introduced H.R. 4111, which would prohibit the Department of Justice from bringing a terrorist into federal courts to be tried. Sen. Lindsey Graham (R-SC) will soon introduce similar legislation in the Senate. Both of these pieces of legislation are critically necessary and we are committed to supporting their passage.
At the same time, we are sending a demand letter to President Obama and top lawmakers urging that the government protect America first and utilize military tribunals - not U.S. courts - to try these terrorists. And, we are urging the government to rely on the proven strategies and tools - like the Patriot Act - which have been successful in thwarting terrorist attacks since 9-11.
Add your name to our demand letter here.
We will also keep you posted on new developments as they unfold. Listen to our daily radio broadcast, Jay Sekulow Live!