Saturday, February 20, 2010

Um, proof?

In this long profile of former Rule of Law advocate Andy McCarthy, who forcefully advocates against civilian trials for alleged terrorists, no where does it say why civilian courts are less effective in deterring further attacks then are military commissions or, as McCarthy wants, the ominous sounding and extra-Constitutional "national security courts.

The trial was an early success for the Southern District’s elite terrorism prosecutors. From 1993 to 2001, they also handled two trials stemming from the 1993 World Trade Center attack, a trial in the plot to blow up a dozen American airliners over the Pacific Ocean and another in the 1998 bombings of two American embassies in East Africa, which killed 224 people.

In addition, the investigations broke up deadly plots before they could be carried out and turned up a wealth of information about Al Qaeda. The trials have been cited by the Obama administration to justify its support of civilian prosecutions of terrorists.

Mr. McCarthy said he understood why the office pursued the prosecutions. “I mean that’s the ethos of the place is that you want to do the cutting-edge case.” But, looking back, he said, he questioned the focus, particularly given that Al Qaeda kept escalating its attacks. He cited the 2000 bombing of the destroyer Cole in Yemen, which killed 17 American servicemen, and Sept. 11.

“We become headquarters for counterterrorism in the United States,” he said. “Not the C.I.A. Not anyplace in Washington. The U.S. attorney’s office for the Southern District of New York.”

“From the country’s perspective,” he said, “it’s not a good thing.” A prosecutor’s job, he added, “is not the national security of the United States.”

In June 1998, the office secretly indicted Osama bin Laden. Three months later, Al Qaeda blew up the two embassies.

“I mean, we could go into the grand jury and indict him three times a week,” Mr. McCarthy said. “But to do anything about it, you needed the Marines. You didn’t need us.”


That's silly in the extreme (which is typical of Andy McCarthy). Osama bin Laden has been in the country's cross hairs for two decades -- "the Marines" still haven't caught him. It has nothing to do with where his fellow conspirators been tried.

On the contrary, a civilian trial elevates our Constitution in the world's eyes. A military trial, or some other extra-legal proceeding, elevates the terrorist thugs.

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