Posted on 06/18/2008 6:21:12 AM PDT by RaceBannon
Obama advisers say bin Laden can appeal to U.S. civilian courts
Barack Obama has expressed support for the Supreme Court’s decision in favor of civilian prosecution of terrorism suspects, and his advisers said Tuesday that if Osama bin Laden were captured, he too should face civilian prosecution. – AP Bill Sammon, The Examiner 2008-06-18 07:00:00.0 Current rank: # 13 of 6,452
WASHINGTON - Barack Obama’s foreign policy advisers said Tuesday that Osama bin Laden, if captured, should be allowed to appeal his case to U.S. civilian courts, a privilege opposed by John McCain.
Responding to questions from The Examiner, Sen. John Kerry and former White House counterterrorism czar Richard Clarke said bin Laden would benefit from last week’s Supreme Court decision giving terrorism suspects habeas corpus, the right to appeal their military detention to civilian courts.
“If he were to be brought back,” Clarke said of bin Laden, “the Supreme Court ruling holds on the right of habeas corpus.”
Kerry, who applauded the Supreme Court ruling, said it will be carried out by whichever candidate wins the presidency.
“The Supreme Court of the United States has ruled that they have those rights,” he said. “If John McCain were president, he would have to give them those rights.”
Randy Scheunemann, McCain’s senior foreign policy adviser, said those rights should not be extended to bin Laden or the hundreds of terrorism suspects being held by the U.S. military at U.S. Naval Base Guantanamo Bay, Cuba.
“The individuals we hold at Guantanamo are very, very dangerous people,” Scheunemann said. “To give them full access to the federal courts and the criminal justice system is fraught with danger, moving forward, and likely to make America less safe, unlike Senator Obama’s claim of supporting the decision that it made America safer.”
On Monday, Obama applauded the civilian prosecution of terrorists before the attacks of Sept. 11, 2001.
“In previous terrorist attacks — for example, the first attack against the World Trade Center — we were able to arrest those responsible, put them on trial,” he told ABC. “They are currently in U.S. prisons, incapacitated.”
Obama said President Bush has relied too heavily on military prosecution of terrorists, which has “given a huge boost to terrorist recruitment in countries that say, ‘Look, this is how the United States treats Muslims.’ ”
Former New York Mayor Rudy Giuliani said Obama wants “to take a step back to the failed policies that treated terrorism solely as a law enforcement matter, rather than a clear and present danger. Barack Obama appears to believe that terrorists should be treated like criminals — a belief that underscores his fundamental lack of judgment regarding our national security.”
The attack sounded familiar to Kerry, who was the Democratic presidential nominee four years ago.
“This is exactly what they tried to say back in 2004, and the record absolutely contradicts it,” Kerry told The Examiner. “Every Democrat voted to go to war and attack the Taliban and al Qaeda, the people who attacked us. That is not a [legalistic] approach.”
bsammon@dcexaminer.com
Examiner
Nothing typifies the idiocy of the recent SCOTUS ruling than the idea that Bin Ladin might go free after a trial. Just imagine him being set free. Which could happen. Unbelievable.
Interesting about KSM. One of the problems of advanced societies is that they tend to develop certain cultural strengths or traits that the populace as a whole don’t really understand. That is, they don’t understand the limits or cautions involved with that trait. As an example, Germans were renowned lovers of order and they fell victim to Hitler’s enticements precisely because he promised to restore order. (No, I know it isn’t that simple but bear with me.) English people like civility. Americans treasure fairness. Our enemies have learned to use those traits against us and are swiftly eroding both civility and fairness all over the world and we aren’t reacting as we should. We may have the Queen’s rules in boxing but if your opponent is punching without the gloves, it is time to take yours off also. Continuing to play by rules your opponent doesn’t recognize just means you will lose.
We should take no political prisoners anymore. Send the ones we have now and future captives back to their country or the country they committed a crime against. Our military could still visit.
may God save us from their lunacy and remove them from the bench soon.
I snoped this statement yesterday and found he didn't say that: snopes.com on obama in his own words
Can you imagine what the jury would look like?
The defense would have to insist, in the name of fairness, Muslim’s would have to be included, turban’s and veils all over the place.
"John Marshall has made his decision; let him enforce it."
-President Andrew Jackson, 1831
Isn't Jackson one of the Democrat heroes, or maybe only when it's convenient?
It probably won’t kill his chances because I don’t think that McCain has the nads to pound this up obama’s darkside.
Your 63
It will probably be given an Eyes Only-type priority. Only those with a need to know will know.
If this doesn't get through to the intransigent "real" conservatives types for whom everyone is a "RINO" except themselves, nothing will.
Intransigent: characterized by refusal to compromise or to abandon an extreme position or attitude
Hi NordP. Unfortunately, far too many Americans don't know who or what Hamas and Hezbollah are, and they couldn't find Iran on a map even with a map pin already stuck in place for them. Among the segment of our population that does know these things, nearly half don't give a flying f***.
Also, among those who do know and care about these things, a sizeable number are too busy chasing "RINO" chimeras to do vote against Obama this November.
Chimera: an imaginary monster compounded of incongruous parts; an illusion or fabrication of the mind
In the meantime, more and more domestic police agencies are being militarized.
Hi Miss Didi. I heard this on the radio yesterday. It's beyond shocking, but I seriously believe Obama is going to be our next president. If that happens, I doubt this nation will ever recover.
Have faith...I believe McCain will win. In the meantime, we need to get this info out to everyone we know. We cannot rely on the RNC to educate America on Barry Hussein. ;)
*********************************************
God help us all if OBAMANATION wins!
His naivete is a real danger to us all!
the problem is that this whole thing is a legal nightmare. Like it or not, we’re a nation of laws. The laws of war and peace are clear: you have a defined conflict between nation-states, there are prisoners of war, and those prisoners are to be treated under the Geneva Conventions and released at the end of the conflict.
In the war on terror, there’s no treaty to sign, no capitol to capture, no single leader to depose (Dims’ obsession with Bin Laden notwithstanding). So the “war on terror” could go on for centuries.
A free nation can’t just kill everyone it meets on the battlefield even if they surrender. But a free nation cannot in all seriousness just pick up and throw whoever the President wants into a dungeon to rot for life just because the President says he’s a terrorist.
Can you imagine Hussein Obama having the power to decide who’s a terrorist who gets to rot for life, and who isn’t? the thought is terrifying.
We do need a legal framework for dealing with these people in a way that lets them prove their innocence if they’re innocent, and metes out the deserved punishment if they’re guilty.
One more reason to not take prisoners.
“Either you are with us, or you are with the terrorists.” — George W. Bush, September 20, 2001
Well, now we know for sure which side Obama has chosen.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.