The Lawyering Up of terrorist capture and detention

Posted By Uncle Jimbo

I think I can say that in my opinion the more lawyers you get involved in something the less likely it will be a good thing. Now we have their intrusion into the capture, trial and detention of terrorists and it looks like the only ones who will benefit are the terrorists.

I attended a seminar on counter-terrorism hosted by the Federalist Society and the Heritage Foundation today. It had NRO's Andy McCarthy, who prosecuted the Blind Sheik for the first WTC bombing and David Rivkin as well as  ACLU and Human Rights First lawyers.

While I believe the decision by the administration to continue military commissions to try the suspects at Gitmo is a good one, that is far from the only problem we face in looking at our policies regarding terrorists. What happens now that a federal court has ruled that all detainees at Bagram Airbase have habeas corpus rights? Not just those transferred there from abroad, but even those picked up on the battlefield there. In the cases where habeas proceedings have been held on enemy detainees 25 of 30 were released because there was not evidence that fits the requirements of federal court to hold them.

We are well on the way back to the pre 9/11 law enforcement approach to terrorism and that is a mistake we should not make again. They are at war with us and unless we reciprocate, they will win in ways they never should. That will cost American lives.

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The Lawyering Up of terrorist capture and detention

I think I can say that in my opinion the more lawyers you get involved in something the less likely it will be a good thing. Now we have their intrusion into the capture, trial and detention of terrorists and it looks like the only ones who will benefit are the terrorists.

I attended a seminar on counter-terrorism hosted by the Federalist Society and the Heritage Foundation today. It had NRO's Andy McCarthy, who prosecuted the Blind Sheik for the first WTC bombing and David Rivkin as well as  ACLU and Human Rights First lawyers.

While I believe the decision by the administration to continue military commissions to try the suspects at Gitmo is a good one, that is far from the only problem we face in looking at our policies regarding terrorists. What happens now that a federal court has ruled that all detainees at Bagram Airbase have habeas corpus rights? Not just those transferred there from abroad, but even those picked up on the battlefield there. In the cases where habeas proceedings have been held on enemy detainees 25 of 30 were released because there was not evidence that fits the requirements of federal court to hold them.

We are well on the way back to the pre 9/11 law enforcement approach to terrorism and that is a mistake we should not make again. They are at war with us and unless we reciprocate, they will win in ways they never should. That will cost American lives.

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