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KSM’s Prison Communiqués: Enemy Combatants Back to Being Criminal Defendants

January 16th, 2014 - 10:05 am

I was invited to provide commentary Tuesday night on Megyn Kelly’s Fox News program (“The Kelly File”) regarding the all too predictable but nevertheless appalling news that Khalid Sheikh Mohammed — al Qaeda heavyweight, 9/11 mastermind, decapitator of Daniel Pearl, jihadist warring against America for the better part of two decades, and murderer of nearly 3,000 of our fellow citizens — has been permitted to transmit propaganda out of the prison camp at Guantanamo Bay. The interview is posted on Megyn’s site here — I respond to contentions made by the first guest, defense lawyer and former JAG Charles Swift.

More needs to be said on this. Let’s first consider the insanity of permitting enemy combatants to communicate with the outside world while the war ensues — and though the administration rarely speaks or acts as if there is a war going on, and while the public pays it scant attention, we still have forces in harm’s way pursuant to a congressional authorization of combat operations; we are still killing and capturing enemy operatives pursuant to the laws of war, which is only permissible during wartime.

The rationale for shifting, post-9/11, from a law-enforcement counterterrorism paradigm to a war-footing prominently included the recognition that we had to regard as a military enemy, not as mere criminal defendants, the members of an international terrorist network that (a) had declared war against the U.S.; (b) was supported by rogue governments; (c) focused its jihad on American military, political, economic and civilian targets; and (d) was capable of projecting force on the scale of the 9/11 attacks. Contrary to popular wisdom, that remains a salient distinction.

Criminal defendant detainees in the civilian justice system are arrested only after being accused of crimes, and are presumed innocent of the charges. Thus, in the pretrial phase, they have an array of rights even if they are denied bail — and bail may only be denied based on risk-of-flight or convincing proof that they pose a danger to potential witnesses or the community at large. These pretrial rights include liberal opportunities to meet with counsel for trial-defense preparation, and to have contact with others in the outside world that approximates what accused people who are at liberty enjoy. (This changes if and when a defendant is found guilty at trial. Incarcerated convicts have significantly fewer rights and privileges than pretrial detainees.)

To the contrary, enemy combatant detainees do not have to be accused of prosecutable offenses in order to be lawfully detained, and they are generally denied contact with the outside world. The reason is straightforward. While the object of the civilian criminal justice system is to provide due process to the accused so that civil rights are protected and trial outcomes have integrity, the object of war is to defeat the enemy. Consequently, while we owe enemy combatants basic humane treatment, due process concerns are not a high priority. After all, the rationale for detaining enemy combatants has little or nothing to do with prosecution of a criminal case — indeed, there need be no criminal case, and in most instances there is not one. The purpose of detaining enemy combatants is to deplete the assets of the enemy and thus achieve victory more rapidly and with less bloodshed.

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what Frank said I am taken by surprise that a stay at home mom can earn $8209 in a few weeks on the computer. have a peek at this website >>>>>>>>>>>>>>>>>>http://bit.do/gzzb
12 weeks ago
12 weeks ago Link To Comment
Who OK'd this pig's letter being mailed out? Who is responsible for this? Whoever it is ...they are the real enemy of the USA.
12 weeks ago
12 weeks ago Link To Comment
Treating Islamic terrorism like crime will have predictable results. He saw it before in the Clinton administration from 1993 to 2001.

That period includes the 1993 bombing of the World Trade Center (6 dead, 1,042 injured), the 1998 attacks on the U.S. Embassies in Kenya and Tanzania (223 dead, 4,085 injured), and the October 22, 2000 bombing of the USS Cole in Yemen (17 dead, 39 injured), all of which were attacked by Islamic terrorists and are considered under international law to be "US ground sovereign soil." Although not considered "US ground sovereign soil," the 1996 bombing of Khobar Towers housing American military personnel in Saudi Arabia (20 dead, 372 injured), also occurred during the Clintons occupation of the White House. Absolutely nothing was done about any of those attacks. The result? 09/11/2001

The entire function of Obama's attempt to treat the Islamic terrorism as a crime is to create the perception of American weakness. In the Islamic mindset weakness is not simply something to be taken advantage of but something that must be utterly destroyed to improve humanity. By projecting weakness Obama is actually instigating more attacks. He was raised in muslim schools. He knows this.
12 weeks ago
12 weeks ago Link To Comment
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12 weeks ago
12 weeks ago Link To Comment
Liar. Liar! LIAR!!
12 weeks ago
12 weeks ago Link To Comment
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12 weeks ago
12 weeks ago Link To Comment
Spying on Americans before 9/11: NSA Built Back Door In All Windows Software by 1999 Government and Microsoft Inc Global Research, June 27, 2013


http://www.globalresearch.ca/spying-on-americans-before-911-nsa-built-back-door-in-all-windows-software-by-1999/5338215
13 weeks ago
13 weeks ago Link To Comment
When all U.S. forces are out of both Iraq and Afghanistan both of those countries will have to stand up on their own and IMO are not ready to or capable of doing so. That, in turn, creates a power vacuum which the Jihadists, regardless of their brand, will be more then happy to fill. So it's back to square one only with many thousands of Americans killed and many more thousands wounded. 0bama and his acolytes will call it a victory and so the war on terrorism will continue
13 weeks ago
13 weeks ago Link To Comment
What's the problem? Obama doesn't even let people be taken prisoner any more. He's killed far more people with drones than Bush ever did; their families too. There's well over 2,000 people Obama's murdered who wish they'd been taken to Gitmo - even 7 yr. old terrorists. Like "Ender's Game," some day someone will tell Obama it's not a video game.
13 weeks ago
13 weeks ago Link To Comment
I don't understand you, Fail Burton. Sometimes you almost seem to have cogent thoughts.

Assuming most of the "2,000 people Obama's murdered" aren't 7 year old children, how are you in a position to determine murder? You aren't.

If it's war, it's "killing the enemy", which is distinctly different from murder.
13 weeks ago
13 weeks ago Link To Comment
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