Criminal Trials for Terrorists

January 23rd, 2010

By Tom Carter

Dan Miller, an attorney and a former Army JAG officer, has written two articles at Pajamas Media on the Obama Administration’s policy of trying some foreign terrorists as common criminals in federal courts.  These articles very effectively combine legal reasoning and common sense to refute any argument in favor of criminal trials for terrorists.  I highly recommend reading both articles:

The Blackwater Guards, KSM, and the American Judicial System by Dan Miller, PJM
What the Moussaoui Circus Portends for the KSM Trial by Dan Miller, PJM

I completely agree with the final paragraph in Dan’s first article:

The United States Constitution, the courts sworn to uphold it, and the resulting criminal judicial system are great — arguably the best in the world. However, there are simply some cases which have no business in the system. I consider terrorist attacks to be in that category. There may be some disagreement with the notion that ’tis better that a hundred guilty men be set free than that one innocent man be convicted. Indeed, we sometimes go too far. However, in the case of KSM, and perhaps the underpants bomber, the needs for criminal prosecution and conviction are trumped by the far more important need to save the lives of hundreds of others potentially to be lost through the future acts of those with whom they committed their crimes. I would far rather see KSM untried and detained indefinitely at Gitmo, and the underpants bomber untried and indefinitely detained in a mental institution, than to forego the benefits of their interrogations.


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One Response to “Criminal Trials for Terrorists”



  1. larry |

    Tom
    I’ve pretty much been saying this all along. This president and the Democrats have lead this nation to the brink of collapse. His coddling of these murderers and wanna be killers is a bit much when coupled to the rest of his plans for America. These Islamic terrorist have no right to a trial with Constitutional guarantees. I guess the people that voted for Scott Brown decided enough was enough. Hopefully this is a sign that we’re taking our country back. No more behind locked door’s government. Bring it out into the sun light.


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