Civilian Trial or Military Tribunal?
There are a lot of Democrat talking heads gracing the news defending Attorney General Holder’s decision to try KSM in a civilian Federal Court. They are citing rule of law and making America’s system of justice an example to the world as the foundation of their reasoning.
Never mind that Congress passed a law permitting trying enemy combatants in a military court mooting the rule of law argument. A simple test will tell whether or not someone should be tried militarily or not.
Are they a criminal or a terrorist? Certainly what a terrorist does is illegal, but the reason is the difference. A criminal commits an act for personal gain, profit, anger or some twisted psychological bent. A terrorist or enemy combatant acts on behalf of a hostile country or organization, usually foreign that considers the United States an enemy. They may or may not be directly affiliated with that group.
Police are tasked with arresting criminals if they cannot prevent a crime. They bring the case to a district attorney who then decides to go to trial if there is sufficient evidence. Soldiers are tasked with seeking out our enemies and killing or capturing them. In general you could say that if a soldier is the appropriate response and captures an enemy then a military tribunal is appropriate. If a Police Officer is the appropriate response then a civilian trial is appropriate. The exception of this would be that if the act is committed on domestic soil where soldiers are not permitted to operate, then the motivation of the person(s) should be the deciding factor.
Kalhid Sheik Mohammed is a member of Al Qaeda and sworn enemy of the United States. He should not be tried in a civilian court, especially near ground zero. But hanging him publicly there would be OK.








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