Attorney General is correct to insist on civilian trial for Abdulmutallab Commentary
Attorney General is correct to insist on civilian trial for Abdulmutallab
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Billy Corriher [Attorney and researcher, Bill of Rights Defense Committee]: "Attorney General Eric Holder is standing firm on the decision to try Umar Farouk Abdulmutallab, the attempted Christmas Day bomber, in a criminal trial. Some senators critical of the decision not to use military tribunals have gone so far as to introduce legislation to block funding for civilian trials for terrorism suspects. In a letter [PDF file] responding to lawmakers, Holder insisted that the prosecution of Abdulmutallab will prove successful and that the administration's decision "has not, and will not, compromise our ability to obtain information needed to detect and prevent future attacks."

Holder pointed out that like Abdulmutallab, Richard Reid was arrested by federal authorities after trying to ignite explosives on a plane bound for the United States. The Bush administration tried Reid in a federal court, and he is now serving a life sentence. The Bush administration's criminal prosecution of Reid did not raise concerns, nor did a 2003 executive order specifying that the Attorney General is responsible for criminal investigations of terrorist acts committed within the Department of Justice's jurisdiction.

So why are some politicians now doubting the effectiveness of our criminal justice system in trying terrorist suspects? Policymakers criticizing the Obama administration as "soft on terrorism" are using the fear of terrorism to score political points. Instead of exploiting these fears, those politicians should participate in a constructive conversation about how to keep America safe.

There is no reason to doubt that Abdulmutallab will be convicted. Although statements elicited before Miranda warnings were issued may be inadmissible, authorities have confirmed that Abdulmuttab continues to provide valuable information to authorities. Abdulmutallab is accused of committing a crime in the presence of many witnesses – his would-be victims – and he will face a significant sentence. The United States criminal justice system is more than capable of obtaining justice for those who seek to kill civilians on a mass scale, whether it be in the case of Abdulmutallab or any other terrorist suspect. One need only read Holder's letter to find several examples of successful terrorism prosecutions since the 9/11 attacks.

Criminal trials for suspected terrorists will only strengthen our country in the struggle against terrorism. Our hand is stronger when the world sees that terrorists captured by the US are convicted in swift and fair trials. If we wish to triumph in the so-called "war on terror," then America's victories must have legitimacy. Military tribunals, which have relied on hearsay and evidence obtained through coercion, cannot provide this legitimacy. Working within our criminal justice system to try terrorist suspects ensures an American advantage in the struggle for hears and minds.

Terrorists should not be treated differently from other would-be murderers just because they are motivated by political intentions. Those who seek to further ideological ends through violence reject our society's fundamental rules. We must embrace those rules. The same rule of law that forbids mass murder to further political ends requires that our government treat all criminals in the same manner."

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