Thursday, November 19, 2009

Obama Administration Decision - Terrorist Trials In New York City – Playing Politics with the Hearts and Minds of New York’s Citizens

The decision by the Obama Administration to try Khalid Sheikh Mohammed, mastermind of the 9/11 attacks on New York and Washington, has come under fire from both Republicans and Democrats – giving the impression that politics trumps reason. From New York’s embattled Governor, Democrat David Patterson to Republican’s in the Senate, agree in strong opposition to trying enemy combatants who were not captured nor held on U.S. soil, for a war crime committed against the United States. Pundits are weighing in on the political cost of of the trial all without giving thought to the American citizens who were so egregiously affected by the bombings of the World Trade Center, as well the Pentagon and Flight 93.

The emotional burden on the families and the nation, as a whole, is the biggest reason that these trials should not be held in New York or, anywhere on U.S. soil for that matter. The costs of increased security, at a time when the nation can ill afford any additional expenditure, should be a secondary consideration – it is an insult to those who died and those who were left behind as a result of the greatest attack on U.S. soil in history.

The argument that there will be an increase in terrorists activity in New York and that an effective trial cannot take place, has been debunked by Ben West and Fred Burton of Statfor Global Intelligence. They contend that the City of New York has held trails of this nature in the past, with successful outcomes, most notably, the trial of Omar Abdel Rahman, in 1993, which resulted in a life sentence. They point to the effectiveness of the U.S. Attorneys office of the Southern District of New York against Islamic Radicals who have done harm on U.S. soil. That said, a fact sheet from the U.S. Justice Department, shows the variance in sentencing in recent trails involving foreign and domestic terrorists.

The “What If’s are the proverbial elephant in the room that is driving the emotions of New Yorkers caught in the never ending politicizing of every facet of American Life. Granted, there have been life sentences passed down in the Southern District, however, not without ongoing problems, specifically the trial of the Blind Sheik, Omar Rahma, where he continued to fuel his “jihad” against American once incarcerated in the U.S. using his lawyer as a willing conduit. Therefore, it is not unreasonable to assume that some fears regarding this particular trail are justified. The fact remains, however, that trying these particular individuals in the City they destroyed, under U.S. Civil Law is a bad idea, perhaps not logistically, nor a gain or loss of political “capital”, but most definitely as a slap I the face to those who live in the City of New York, the first Capitol of the United State of America and the symbol to those who suffer worldwide that a safe harbor does indeed exist.

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