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THE CONSERVATIVE REVIEW - November 20, 2009
Is America a Serious Nation?
by Pat Buchanan
Are we at war -- or not?
For if we are at war, why is Khalid Sheikh Mohammed headed
for trial in federal court in the Southern District of New
York? Why is he entitled to a presumption of innocence and
all of the constitutional protections of a U.S. citizen?
Is it possible we have done an injustice to this man by
keeping him locked up all these years without trial? For
that is what this trial implies -- that he may not be
guilty.
And if we must prove beyond a reasonable doubt that KSM
was complicit in mass murder, by what right do we send
Predators and Special Forces to kill his al-Qaida comrades
wherever we find them? For none of them has been granted
a fair trial.
When the Justice Department sets up a task force to wage
war on a crime organization like the Mafia or MS-13, no
U.S. official has a right to shoot Mafia or gang members
on sight. No one has a right to bomb their homes. No one
has a right to regard the possible death of their wives
and children in an attack as acceptable collateral damage.
Yet that is what we do to al-Qaida, to which KSM belongs.
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We conduct those strikes in good conscience because we
believe we are at war. But if we are at war, what is KSM
doing in a U.S. court?
Minoru Genda, who planned the attack on Pearl Harbor, a
naval base on U.S. soil, when America was at peace, and
killed as many Americans as the Sept. 11 hijackers, was
not brought here for trial. He was an enemy combatant
under the Geneva Conventions and treated as such.
When Maj. Andre, the British spy and collaborator of
Benedict Arnold, was captured, he got a military tribunal,
after which he was hanged. When Gen. Andrew Jackson
captured two British subjects in Spanish Florida aiding
renegade Indians, Jackson had both tried and hanged on
the spot.
Enemy soldiers who commit atrocities are not sent to the
United States for trial. Under the Geneva Conventions,
soldiers who commit atrocities are shot when caught.
When and where did Khalid Sheikh Mohammed acquire his
right to a trial by a jury of his peers in a U.S. court?
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When John Wilkes Booth shot Abraham Lincoln, alleged
collaborators like Mary Surratt were tried before a
military tribunal and hanged at Ft. McNair. When eight
German saboteurs were caught in 1942 after being put
ashore by U-boat, they were tried in secret before a
military commission and executed, with the approval of
the Supreme Court. What makes KSM special?
Is the Obama administration aware of what it is risking
by not turning KSM over to a military tribunal in
Guantanamo?
How does Justice handle a defense demand for a change of
venue, far from lower Manhattan, where the jury pool was
most deeply traumatized by Sept. 11? Would not KSM and
his co-defendants, if a change of venue is denied, have
a powerful argument for overturning any conviction on
appeal?
Were not KSM's Miranda rights impinged when he was not
only not told he could have a lawyer on capture, but that
his family would be killed and he would be water-boarded
if he refused to talk?
And if all the evidence against the five defendants comes
from other than their own testimony under duress, do not
their lawyers have a right to know when, where, how and
from whom Justice got the evidence to prosecute them?
Does KSM have the right to confront all witnesses against
him, even if they are al-Qaida turncoats or U.S. spies
still transmitting information to U.S. intelligence?
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There have been reports that in the trials of those
convicted in the first World Trade Center bombing, sources
and methods were compromised, weakening our security for
the second attack on Sept. 11.
If the trial is held in lower Manhattan, how much security
will be needed to protect against a car bomber who wants
the world to see a mighty blow struck against the Great
Satan? And if, as some suggest, the trial should be held
on Governor's Island, would that not make the United
States look like a nation under siege?
What do we do if the case against KSM is thrown out
because the government refuses to reveal sources or
methods, or if he gets a hung jury, or is acquitted, or
has his conviction overturned?
In America, trials often become games, where the
prosecution, though it has truth on its side, loses
because it inadvertently breaks one of the rules.
The Obamaites had best pray that does not happen, for
they may be betting his presidency on the outcome of the
game about to begin.
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