Tuesday, November 17, 2009

Gitmo

This is my first blog post. I hope at least some find it informative and/or thought-provoking.

I am a "conservative" and a libertarian. Can you guess from those identifications how I believe the Gitmo detainees should be tried? I think many would guess incorrectly.

The ONLY way for Khalid Shaikh Mohammed to be tried is in a civilian trial. The rationality behind military tribunals is suspect at best. Here are a few reasons:

1. From everywhere on the political spectrum we hear about the ways in which the constitution protects the citizens of the US from the government. But where do we get the idea that the constitution only protects citizens? The Bill of Rights does not mention citizenship as a requirement to be protected. The fifth and sixth amendments apply not only to citizens, but to every person accused of a crime in the United States.

2. Military tribunals are best convened for POWs from the military of a recognized belligerent country. In this way our government can deal with those governments from a stronger position during peace talks and other negotiations.

3. If for no other reason: A terrorist is more likely to receive a death sentence in a criminal jury trial in New York City than in a military trial, in my opinion.

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