But there is only one war here that I'm concerned with, it is the War on Terror. and the decision to try Khalid Sheikh Mohammed in Criminal Court in New York City. There are alot of people on the right like Rush Limbaugh, Bill O'reily, and and Sean Hannity who say because this man is a foreign national, and because the country is at war, he should be tried in a military court or tribunal. We might be engaged in a war on Terror, and on foreign soil, but that hardly constitutes a real war, the kind of war that constitutes a military tribunal for those apprehended. What is necessary for war is a declaration of war as required by the U.S, Constitution.
To be fair, lets take a look at how captured combatants of other wars are treated; In Just the last month a man who used to be on the FBI's 10 most wanted list was sentenced to 45 years in U.S. Federal Prison. The man is Diego León Montoya Sánchez of Columbia, charged with Drug trafficking. He was arrested in Columbia, by Columbian Authorities and extradited to these United States where he pled guilty before a Federal Judge in Miami, Florida.
Although the subject was arrested in another Country, the fact that he was never in any of United States personally, and despite the war on Drugs, It was never even considered that Montoya be tried in a military tribunal. You see, the United States is not at war in the legal sense of the word. The government, and various social organizations only use the terminology "The War On..." to draw out the vitality f the issue and the importance that people get involved., To united their side, and discourage opposition to whatever cause they have, in the logic that if you are opposed to the War on Drugs, or Terror, you are a supporter of drugs or terror. Lastly it creates a sense of defensiveness. Since in real, just wars, there is an enemy seeking to subdue us, take our property, and our liberty, the idea of a "war" on something causes people to commit for the long haul, despite the short comings and inherent failures of the war at hand, whether it be the war on poverty, or the war on drugs.
I don't know that I'm 100% comfortable with this guy getting jury trial in a Criminal Court. but the fact is, since we are not at war, and he is not a member of any military, I don't see how he could be tried in a Military Court.
... Except.... That the 9/11 attacks included the attack on the U.S. Pentagon... So since that was an attack on the Military Headquarters of the U.S. Government, perhaps he could be tried in a military court. Yet, still this military tribunal would only be able to try him for his role in the attack on the Pentagon and could not bring justice to the victims of Lower NYC and their families. That seems to be the sole jurisdiction of the Federal Court System.
