majorspark wrote:
The question is this, were the attacks on 9/11 and act of war? To be handled under martial law. Or were they simple acts of a civilian criminal. To be handled in a civilian trial.
During war, martial law allows us to kill enemy operatives without trial. The laws protecting a civilian under the constitiution do not apply to enemy combatants engaging in warfare against the US.
This is a good question. I'm not sure what it is considered by the government. In my eyes, it is an act of war. Not saying I don't believe you, but could you provide a link that supports your
statement that we can kill enemy operatives that have been captured?
majorspark wrote:Now if we are to try 9/11 attackers in civilian court under the protections of the US constitution. Which parts of the constitution will we throw out in order to let a conviction stand. Name one 9/11 attacker that was read their rights. Name one that was allowed to have a lawyer present during questioning. They were subjected to interrogation methods not permited under civilian law. Name one piece of evidence that was collected with a seach warrant. Were their rights to a speedy trial violated. If we are to follow the constitution to the letter and these men will not admit their guilt how does a judge not throw everything we have on these guys out of court?
Herein lies the problem. As you said, which parts of the Constitution do we throw out? We already have thrown them out! The fact that they were not read their rights, given a lawyer present during questioning, etc.,etc. supports the argument of some that say we have violated the Constitution. In my last post I provided an excerpt and link from Article 3 Section 2 of the Constitution.
majorspark wrote:If FBI officers burst into your house in the middle of the night without a search warrant. Gathered evidence. Did not inform you of your rights. Refused your right to an attorney. Used coercive methods to get your admission of guilt. Locked you up for nearly seven years denying your right to a speedy trial. What should happen to you under our civilian laws under the constitution? Is this not exactly what happend to Kalid Sheik Mohammad?
Again, this just supports the fact that the way this situation was handled was totally botched. The Supreme Court ruled, 5-4, that foreign combatants are granted habeas corpus. This is the fault of the former administration and current one. They neglected to follow proper procedure and now we are in this big mess.
I certainly want these guys to face punishment, but if they did walk on technicalities (which I don't think they will), it would be the fault of our government.
Many other "terrorist suspects" that have been caught plotting or planning ahve been tried in the US court system, what is the difference between them and these guys?