Short version? Two words: Eric Holder. Or one word if you prefer: circus.
Here’s Sen. Jeff Sessions questioning Holder yesterday trying to get a little clarity on a particular subject, i.e. if there is a presumption that terrorists would be tried in civilian courts:
“My question to you fundamentally is every law enforcement officer involved out there, every military person involved out there needs to know what the policy is,” Sessions said. “So, is the policy that they [captured terrorists] would presumptively be tried in civilian court?”
Holder, citing the president himself, said there is a presumption of that captured terrorists would be tried in civilian courts.
“As I said, the archived speech that the president made was that there is a presumption,” Holder said. “It is not an irrebutable presumption that cases go to the civilian court with regard to the Miranda issue, but I think we have demonstrated hundreds of times, hundreds of times, that we can get actionable intelligence, while at the same time prosecuting people in jail for really extended periods of time.”
Of course Holder leaves himself some wiggle room, but it is clear he holds civilian courts to be superior to military tribunals. That, for some misbegotten reason, he believes justice can be best served in a civilian court regardless of any external concerns. And finally, people who’ve committed an act of war against the United States deserve all the rights reserved for citizens of the United States, even if the act occurred out of the US and they’re not citizens (obviously I withdraw the point if they are US citizens committing acts of terror in the US – the point is our Constitution guarantees their rights – not any rights of foreign nationals committing acts of terror/war).
It makes absolutely no sense to me. It demonstrates a bias that is both arrogant and dangerous. It also has little to do with “justice”. So, given that Holder is our AG and someone I have absolutely no confidence in legally or otherwise, I certainly am glad, frankly, that a couple of rounds found their way into the cranium of OBL. Imagine the three-ring-circus Holder and crew would have tried to put on had we captured him alive.
BTW, anyone know what “irrebutable” means?
~McQ
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