Friday, March 05, 2010
Obama Administration Will Use Tribunals After All
Apparently if you give him enough time and get enough people screaming, “The fuck you doin?”, Obama will change his mind. Good.
The military tribunal system, although not perfect, is a workable model for trying the 9/11 plotters. The more Obama’s anti-terror methods resemble Bush’s—and sometimes exceed them—the more I like it.
Top advisers to President Obama are close to a decision recommending that the self-proclaimed mastermind of the Sept. 11, 2001, terror attacks be prosecuted in a military tribunal, The Washington Post reported Friday, citing unnamed administration officials.
When Hamdan had his tribunal, I was impressed both by how effectively the judge handled Hamdan’s hysterics as well as the prosecution’s fumbling of evidence. It was a fair trial in a venue that met the demands set by the federal courts, and resulted in an equitable sentence. Furthermore, it demonstrated that the use of coercive interrogation techniques can still result in a conviction even if they are barred from evidence. Critics of the tribunal system falsely claim that torture would somehow be condoned with these tribunals. It’s just not so.
Bush, for his faults, gave Obama all the tools he needs to fight and control international terrorism. The curve has been sharp, but Obama and the Democrats are learning to accept and use them properly. If this actually comes to pass (it is, after all, in the rumor stage), I’ll say “kudos” to Obama for managing to make the right choice despite his best efforts not to.
UPDATE: Two of them actually. One is that dwex has correctly pointed out that the Obama Administration never ruled using military tribunals; only that they’ve never been clear about who or under what circumstances the proceedings would be used. A more accurate headline would be “Obama Administration Will Subject KSM to a Tribunal After All”. My own observation is that there are so many different versions that this Administration has presented regarding its attitude toward tribunals that it has been impossible to know for sure if they’ll actually do one. However, dwex is entirely correct that it has been the stated policy of the Obama Administration to not rule out the use of military tribunals since last year.
Second thing is that Senators McCain and Lieberman are preparing a bill that may take discretion away from the White House in prosecuting terrorists with regard to federal trials vs military tribunals:
Under the proposed legislation, individuals who are deemed to be “suspected unprivileged enemy belligerents” would be held in military custody, interrogated for possible intelligence and tried in a military court
...
(Critics have) expressed concerns that some proposals in Congress could delay interrogations of suspects and that prosecutorial discretion has been a function of the executive branch and Congress should not restrict it.
It’s basically another balance of power issue similar to the one dwex and I have been having over the Executive branch against the Judicial. This one is Executive against Legislative. I favor the use of these tribunals for the battlefield detainees, naturally, but I don’t think it’s a great idea to take away the Administration’s discretion with regard to guys like Abdulmullatab. Yes, he had significant al-Qaeda ties and direction, but there are enough special circumstances in his case (e.g. the suspect’s father’s assistance in gaining cooperation) that it would be better to leave it to a federal court. For circumstances like KSM, when the defendant is clearly going to try to create a circus and there are huge security concerns, it’s impossible for me to imagine anything but a military tribunal.


Breakin' the Law, Breakin' the Law!
Regarding crime, investigation, law, and morons who can't behave themselves.