Wednesday, October 6, 2010

Civil Justice, Military Injustice

New York Times
Editorial
October 5, 2010


Supporters of the tribunals at Guantánamo Bay, Cuba, who insist military justice, not the federal courts, is the best way to deal with terrorists, should pay close attention to Tuesday’s events in a United States District Court in Manhattan. Faisal Shahzad was sentenced to life imprisonment, five months and four days after he tried to blow up his car in Times Square.

When Mr. Shahzad was arrested, and later given a Miranda warning, the “tough on terrorists” crowd screamed about coddling and endangering the country’s security. They didn’t stop complaining, even after Mr. Shahzad cooperated with investigators and entered a guilty plea with a mandatory life sentence. All of this happened without the Federal Bureau of Investigation and the New York Police Department breaking laws or violating Constitutional protections.

Now let’s check in on Guantánamo Bay, where President George W. Bush opened an illegal detention camp, authorized torture and abuse, and then set up military tribunals engineered to produce guilty verdicts no matter how thin or tainted the evidence. When the courts declared the system illegal, Congress made it slightly better. President Obama improved it a bit more. But it is still not up to American standards, or to its task.

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