The Obama administration's first show trial for a violent Guantanamo Bay jihadi in a civilian court -- a man who has never set foot in America -- and endowing this enemy combatant with full citizenship-level Fifth Amendment rights is unraveling in the courtroom and putting America at risk.Andrew McCarthy, NRO. Read it all, but this is key:
It would be a laughable, "I told you so" moment if it weren't so dangerous. Stopping these violent jihadis from killing Americans is the government's job. The Obama administration is putting American lives at risk and jeopardizing the integrity of our legal system which was not designed to handle war crimes.Dealing with violent jihadists on the worldwide battlefield is a matter for military not civilian courts. Matters as simple as chains of custody for evidence take on different standard when dealing with America's civilian courts. Our soldiers are not law enforcement officers. They are paid to fight wars and break things, not read Miranda rights and put evidence in baggies on the battlefield.
Not long ago our President Barack Obama suggested America could absorb a terrorist attack. Now he seems to be inviting one.
Playing with fire like this is no way to prove a point. Maybe the Justice Department will convince the courts to permit the testimony of their crucial witness. Maybe the very talented prosecutors in Manhattan will even figure out a way to convict Ghailani without Abebe’s testimony. But we are intentionally tying our hands behind our backs and running an unnecessarily high risk of acquittal in a case involving a war criminal.
Civilian trials have a vital place in our counterterrorism strategy — particularly in the terrorism-financing cases that the Obama administration shuns because they involve ostensible Islamic charities. Still, it is no denigration of civilian prosecutions to point out that in a military commission — the procedure Congress has designed and reaffirmed for war-crimes trials of enemy combatants — there would be fewer hurdles to placing the most important evidence before the tribunal.Military commissions need not assume that a defendant is endowed with all the rights of American citizens. They need only be fair.
But no problem, we can always try to prosecute them after the fact.
Because we have such confidence in this administration and our Justice Dept.
More. Thomas Joscelyn, TWS. The government's inconsistency.