Should suspected terrorists allegedly responsible for the 9/11 attacks be tried under American Federal law in open court?
Proponents for this action being taken by the president and his attorney general argue that our system can handle it. They claim that we can “show the world” how American justice can prevail under all circumstances.
In essence they argue that the “propaganda value” (though they do not call it such) outweighs the risk involved by having a fair and open trial under American jurisprudence and ultimate conviction and punishment for the alleged criminals. They may well be correct in such assertions.
But we have some questions about this matter. First, where will 12 good men and women be found as a jury to hear this case. Are there 12 people in the United States who are not aware of the circumstances surrounding the attacks and have not formed an opinion one way or the other about their causes?
The suspects were apprehended in a foreign country by foreign forces and held for some time in foreign custody. Were American standards for legal search, seizure and apprehension followed? What if they were not?
Once delivered into U.S. custody, were American standards of jurisprudence in terms of confinement, interrogation, presence of legal representatives and a host of other issues followed in strict compliance with our laws?
Exactly what evidence gained over the last six or seven years while the accused were in custody will be admissible under federal law? Some say at least one accused has “confessed.” Was he “waterboarded” before or after the confession? What if any one of the accused faced the threat of waterboarding or other rough interrogation? Is anything he said after such threat admissible?
Who is to decide such questions and under what form of jurisprudence will he/she base such decisions? Are we going to “wing the law” as we go in this difficult case?
The attorney general has told the Senate that such matters are under control and has guaranteed a conviction. What about the presumption of innocence? We sure hope the future jurors have not heard that statement from the senior law enforcement official in the United States.
