We have begun debating the wisdom of trying Khalid Sheikh Mohammed and a number of his co-conspirators in a federal, civilian court in Manhattan. Despite all the legal arguments that are being bandied about and the stated departure from the historical precedent of using military tribunals, what about examining this from a different perspective? What if the decision to pursue a civilian judgment was a purposeful attempt to create confusion? What would be gained from that confusion and who would gain it?
Eric Holder is no dummy. He understands the legal system and, as U.S. Attorney General, he has access (presumably) to the best legal minds in our country. What I find curious is that I have not heard many legal arguments in favor of such a civilian trial. It’s almost as if the legal benefits were not part of the consideration. Instead, what if we look at the consequences of such a trial, those “unintended” consequences?
What happens to the commander in the field of battle? Is that commander now forced to consider reading an enemy combatant a Miranda-rights statement? Isn’t that a requirement of our legal justice system, such that it’s absence renders all verbal evidence gained from the “accused” to be inadmissible in a court of law? What happens when an interpreter must be found to insure that the enemy combatant understands those Miranda rights? What happens when the enemy combatant realizes that silence is an option? What happens if the commander in the field uses coercive techniques anyway, knowing that those under his command may be in imminent danger without valuable intelligence that the enemy combatant may have? Will that commander be prosecuted for doing so?
I do not believe for a second that those questions were NOT given consideration as Eric Holder debated whether or not to proceed with civilian trials. I think they were considered a plus. How else would you completely hamstring our military and neuter its effectiveness? After all, isn’t a strong military expected to uphold and defend our Constitution against all enemies foreign and domestic? Sounds to me like the military’s capabilities are anathema to the Obama administration’s agenda.
No, I believe that those “unintended” consequences are INTENDED consequences. This administration has shown its disdain for the military in more ways than one. This is just another example of Obama’s treachery in trying to subvert everything that this nation stands for. It is a way to further weaken something that may stand in his way to creating his version of a socialist utopia with him as its leader.
Cross-posted at Generational Dysfunction.