The Decision To Prosecute Gitmo Terrorists In Civilian Federal Courts Just Stinks - UPDATE

There aren’t enough curse words I’ve thought up to describe the Obama administration’s decision to bring KSM and his “Merry Band” of cutthroat terrorists to U.S. soil to stand trial in civilian courts. It is just rotten to the core. Being the cynical jerk that I am, I am in total agreement with Andy McCarthy’s take on why The One and Holder are trying these scum here in America in opposition to the laws enacted by Congress to prosecute the terrorists in military tribunals; even as the government seeks formal convictions and potential executions of the terrorists, these two, Obama and Holder, are going to let the regular court system try the Bush administration for a whole host of imaginary crimes that have been dreamed up by their leftist ilk, something they are too cowardly to do themselves.

Holder had his press conference, and The One made a few utterances about the prosecution. Holder said he would make sure the terrorists were candidates for capital punishment. He also mentioned how successful the Justice Department had been in prosecuting terrorists. With perfect synchronicity, the phony-baloney “civil libertarian” leftists who worship Obama chimed in with the same thing, accusing those who believe in the military tribunal setup of fear-mongering (and other things not repeatable here). But you know what I didn’t hear? None of the past prosecution of terrorists ever included charges of these terrorists committing an illegal act of war. So the question is, will Holder and the DoJ charge any these terrorists with committing an illegal act of war against the United States? Will The One allow such a charge to be brought forth?

You see, that is the problem. The phony-baloney “civil libertarian” leftists barely acknowledge there is a war on, that the authorization for conducting the war is even in effect. As Obama’s administration has dragged on, The One has consistently lowered the tone of fighting the terrorists with the military to the failed policies of the past to deal with terrorism in the courts. Unless I’m wrong, and I don’t think I am, I don’t see Holder changing how the Justice Department has dealt with terrorists in the past. If The One and Holder want to be serious about really going after terrorists, even in the courts, Holder has to charge them with committing an illegal act of war under 18 U.S.C. § 2441, specifically subsection (c).

But there are problems here. Since the statute was passed in 1996, nobody, as far as I can tell, has ever been indicted for its violation, especially in the regular civilian courts, and definitely not terrorists. Taking a look at the indictment of Osama bin Laden and others after the African embassy bombings of 1998 (there are four PDF files at the link), Clinton-appointed U.S. Attorney Mary Jo White didn’t bother to include a violation of that statute in the list of charges, despite the fact that bin Laden’s and Al Qaeda’s declaration of war against the United States is mentioned there. Even the Bush administration didn’t charge Zacarias Moussaoui with committing or attempting to commit an illegal act of war, as shown in the indictment. To me, this is the crux of the matter; if the United States is at war, and the U.S. government wants to charge several of its enemies in custody of war crimes due to that war, then it makes sense that the U.S. would want to prosecute these terrorist vermin of violating the laws of war.

But as I had mentioned earlier, I don’t believe Holder has the stones to charge KSM and the others to be tried in New York with war crimes. As we already know, Holder has a penchant for giving preferences to terrorists, having had a major hand in getting Clinton to pardon FALN terrorists; plus there is that whole conflict-of-interest thing, as noted by Michelle Malkin, in that the firm Holder was a partner at before becoming Attorney General representing a slew of Gitmo terrorists. Like Andy McCarthy, I believe The One is trying to embarrass the Bush administration in a bunch of worthless and unnecessary show trials for a war started illegally by Al Qaeda at least three years before 9/11.

The America-hating ACLU and their comrades masquerading as “civil libertarians” are licking their drooling chops at a chance at sticking to the Bush administration. They have no interest in justice for America. You want to know how bad it is? These same jerks are actively trying to charge Bush administration officials with war crimes under 18 U.S.C. § 2441. But not the terrorists.

UPDATE: What else is stunning is the decision to prosecute KSM et al. in the civilian courts was made on a Friday, and made while The One is out galavanting around the globe. Simply amazing.