'Holder's al Qaeda incentive plan'

Visit our News page “Holder’s al Qaeda Incentive Plan” Most Americans are justifiably outraged by Attorney General Eric Holder’s decision to try Khalid Sheikh Mohammed, the mastermind behind the 9/11 attacks, in a civilian criminal court in New York. There are countless reasons to oppose Holder’s decision, not the least of which is the potential for compromising our intelligence assets in a public, criminal trial where Mohammed’s attorneys will demand release of such classified information. This is not a hypothetical concern. During the trial of Omar Abdel-Rahman, the perpetrator of the 1993 New York trade center bombing, Rahman’s attorneys forced the release of the list of unindicted co-conspirators developed by the prosecution. One of the names on the list? Osama bin Laden. Soon after, bin Laden fled Sudan. The insightful Wall Street Journal column by William McGurn (see below, highlights added) provides another powerful reason why Holder’s decision is so outrageous. Bottom line: Holder’s decision has given terrorists a greater incentive to target civilians. The perversity of this defies description. This is just one more in a long line of decisions by the Obama administration that is putting America—and our lives—at greater risk. Holder’s al Qaeda Incentive Plan By William McGurn Wall Street Journal, November 17, 2009 When it comes to terrorists, you would think that an al Qaeda operative who targets an American mom sitting in her office or a child on a flight back home is many degrees worse than a Taliban soldier picked up after a firefight with U.S. Army troops. Your instinct would be correct, because at the heart of terrorism is the monstrous idea that the former is as legitimate a target as the latter. Unfortunately, by dispatching Khalid Sheikh Mohammed and other al Qaeda leaders to federal criminal court for trial, U.S. Attorney General Eric Holder will be undermining this distinction. And the perverse message that decision will send to terrorists all over this dangerous world is this: If you kill civilians on American soil you will have greater protections than if you attack our military overseas. "A fundamental purpose of rules such as the Geneva Conventions is to give those at war an incentive for more civilized behavior—and not targeting civilians is arguably the most sacred of these principles," says William Burck, a former federal prosecutor and Bush White House lawyer who dealt with national security issues. "It demolishes this principle to give Khalid Sheikh Mohammed even more legal protections than the Geneva Conventions provide a uniformed soldier fighting in a recognized war zone." We don't often speak of incentives in war. That's a loss, because the whole idea of, say, Geneva rights is based on the idea of providing combatants with incentives to do things that help limit the bloodiness of battle. These include wearing a uniform, carrying arms openly, not targeting civilians, and so on. Terrorists recognize none of these things. They are best understood as associations of people plotting and carrying out war crimes, whether that means sowing fear with direct and indiscriminate attacks on marketplaces, offices and airlines—or by engaging enemy troops without distinguishing uniforms, so that the surrounding civilians essentially become used as human shields. Terrorists reject both the laws of war and the laws of American civil society. To put it another way, they reject both the authority and the obligations their legal rights imply. None of this seems to bother Mr. Holder. Since he dropped his bombshell on Friday, much commentary has focused on the possibility that KSM might be found not guilty. That, however, is unlikely: Mr. Holder is not a fool, and everyone in the Obama administration appreciates the backlash that would occur if a KSM trial results in an acquittal. Thus, the men he will send for trial will be those against whom he has the most evidence. The perversity here is that the overwhelming evidence of their war crimes gain them protections denied a soldier fighting in accord with the rules of war. It even gains them more protections than their associates who attack military targets. This double standard means that the perpetrators of the USS Cole bombing are sent to military tribunals while the perpetrators of 9/11 are sent to federal court. Andrew McCarthy has a unique perspective on the move to criminal trials. As an assistant U.S. attorney in 1993, he successfully prosecuted Omar Abdel Rahman (the "blind sheikh") for the first bombing of the World Trade Center. Even though the cases were somewhat different—that plot was conceived, plotted and carried out on U.S. soil—Mr. McCarthy says the experience persuaded him that federal trials are a bad way of handling terror. "At first, I was of the mind that a criminal prosecution would uphold all our high-falutin' rhetoric about the constitution and majesty of the law," says Mr. McCarthy. "But when you get down to the nitty gritty of a trial, you see one huge problem: The criminal justice system imposes limits on the government and gives the defendant all sorts of access to information, because we'd rather have the government lose than unfairly convict a man. You can't take that position with an enemy who is at war with you and trying to bring that government down." By going down this line, says Mr. McCarthy, Mr. Holder has invited any number of dangers: making the Manhattan courtroom a target for terrorist attack, inviting the disclosure of sensitive intelligence, opening the possibility that some al Qaeda operative will be acquitted and released within the U.S., etc. Worst of all, he says, is turning the laws of war upside down: Why fight the Marines and risk getting killed yourself or locked up in Bagram forever when you can blow up American citizens on their own streets and gain the legal protections that give you a chance to go free? With this one step, Mr. Holder is giving al Qaeda a ghastly incentive: to focus more of their attacks on American civilians on American home soil. "It is foolish to think that al Qaeda does not train to our system and look for our vulnerabilities," says Mr. McCarthy. "Remember what Khalid Sheikh Mohammed told his captors when we got him, 'I'll see you in New York with my lawyer.' It seems he knows our weaknesses better than our government does." ------------------------------------------------------------------------------------------- ACT for America P.O. Box 12765 Pensacola, FL 32591 www.actforamerica.org ACT for America is an issues advocacy organization dedicated to effectively organizing and mobilizing the most powerful grassroots citizen action network in America, a grassroots network committed to informed and coordinated civic action that will lead to public policies that promote America’s national security and the defense of American democratic values against the assault of radical Islam. We are only as strong as our supporters, and your volunteer and financial support is essential to our success. Thank you for helping us make America safer and more secure. The news items, blogs, educational materials and other information in our emails and on our website are only intended to provide information, news and commentary on events and issues related to the threat of radical Islam. Much of this information is based upon media sources, such as the AP wire services, newspapers, magazines, books, online news blog and news services, and radio and television, which we deem to be reliable. However, we have undertaken no independent investigation to verify the accuracy of the information reported by these media sources. We therefore disclaim all liability for false or inaccurate information from these media sources. We also disclaim all liability for the third-party information that may be accessed through the material referenced in our emails or posted on our website. HOW CAN I TELL OTHERS ABOUT YOUR ORGANIZATION? Send a personalized version of this message to your friends. HOW CAN I SUPPORT YOUR ORGANIZATION? Click here to give an online donation.