Friday, November 13, 2009

Return to the Rule of Law?

Breaking News: Khalid Sheikh Mohammed and 4 other men accused of involvement in the 9/11 attacks will finally be put on trial in NYC. Unfortunately, it was also announced that 5 other men will face military commissions. Regardless, though this is specifically being politically framed as bringing the 9/11 perpetrators to justice, it is a massive step in favor of law and order. President Obama is finally fulfilling President Bush's promise to bring the accused 9/11 conspirators to justice. This is a huge political risk for President Obama. If successful, the trials will make him a man of justice, and if plagued by complications from US-committed torture could be a major political albatross.

The GOP of course, is outraged. Surprise, surprise. Some pretty crazy things are being said by individuals such as Sen. Jeff Sessions and Sen. John McCain, but the crown jewel of crazy goes to former NYC Rudy Giuliani, who said on Fox that "We think they're criminals! These are soldiers in a war against us; and the rules of war should apply." Apparently the new chapter in Republican revisionist history is that we have treated these men as "prisoners of war" and should continue to do so. If they're POWs, the Geneva Conventions apply. Are you and the Republican party willing to accept that Mr. Giuliani? The hypocrisy of these men is astounding, as they flood the media with the message that these accused terrorists are POWs and hence can't be tried in civilian court. A reminder to Mr. Giuliani, Sens. McCain and Sessions and their ilk: it was you who supported the declassification of these men as POWs and the creation of the "Geneva Convention-immune" classification of "enemy combatant". You cannot call them POWs again out of convenience after 8 years of illegal detention, torture and Geneva Convention violations. That is revisionist history and blatantly deceptive.

Additionally, the Republicans seem to be arguing that the US courts are incapable of dealing with terrorism cases. As Rachel Maddow pointed out tonight, this is an absurd proposition. We've imprisoned Charles Manson, the "blind sheik", the "unabomber", the "shoe bomber" and even another 9/11 conspirator through the federal courts. This, as Maddow points out, is sheer cowardice.

I would go further than Maddow does though and outline the political implications of these proceedings for Republicans. I believe that the Republicans do have legitimate reasons to be afraid, though not for the safety of the American people. Rather, the Republicans are all too aware that these trials for the first time will allow the Guantanomo detainees to testify in a real American court about the torture they were subjected to at the hands of the US. No longer will the culpability of the Bush White House's torture program be shielded by a censor and thick glass, as Wizner described it as being in the Gitmo military tribunals. If the details of detainees gruesome torture at the hands of US operatives becomes public, Republicans could be forced to answer for the Bush administration's actions. I'd be panicking if I were them too.

For this blog, the timing of this decision couldn't be better. In my recent posts on Ben Wizner's talks, I quoted him as saying that "[state] secrecy is the source of rot". If AG Holder is serious about these prosecutions, and the accused 9/11 conspirators are only the first of many to face constitutional justice, our long national nightmare of secret torture may finally come to an end. That end is still a long way off, but today marks a historic first step. Friday night is when the most contentious policies are always announced (nobody listens to the news Friday night. Except me.), but this story will hopefully dominate the news for a long time.

Further Viewing:

On the decision to put the 5 men on trial and Republican outrage:

On the challenges facing the court and a possible referendum on the Bush torture policy:

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