New WTC Photos & Terrorist Trials
After you look at these photos just released by ABC News through a FOIA request, you decide if treating the September 11th terrorists as "persons" deserving of the rights afforded in criminal courts is the "right" thing.
Then consider that the Administration is still "thinking about" holding the trial of Khalid Sheikh Mohammed in NY City, despite overwhelming contrary opinion.
In fact, the question remains, although not too widely discussed or debated, of why KSM and his al Qaeda cohorts should be treated any differently than the Nazi U-Boaters who were captured and tried in a military tribunal and denied access to the courts.
Each of the Nazis were born in Germany, had lived in the U.S. but gone back to Germany from 1933-1941 to attend sabotage school and landed off of Long Island on or about June 13, 1942, carrying a supply of explosives. Before being taken into custody by the F.B.I., their mission had been to destroy war industries and war facilities in the United States.
Although there are legal experts who argue its relevancy to the September 11th terrorists, the case is known as EX PARTE QUIRIN, 317 U.S. 1 (1942)
One of the keys is whether we are considered to be at war. Ask whether the War on Terrorism exists. At least one answer to this can be found in this article, Good News About GTMO and Bagram from the Jurist of the University of Pittsburgh School of Law written by Jeffrey Addicott of St. Mary's University School of Law. The issue is complicated and further conflicted by the wavering positions of the Adminstration.
Under the rule of law associated with armed conflict, all al-Qa'eda and Taliban detainees are unlawful enemy combatants or "unprivileged enemy belligerents", as the recently passed 2009 Military Commissions Act labels them. As such, these individuals are not entitled to Miranda rights, nor are they entitled to the special protections associated with prisoners of war.
Look again at those pictures.