There are a lot of problems without the United States military tribunal system. Not the least of which is that we have set a separate track for some prosecutions when it comes to terrorism and terrorism related crimes. This leads to a confusion of effort but also risks the expansion of our gulag in Cuba.
Take the example of two men who were arrested in Kentucky. Waad Alwan and Mohanad Hammadi, two Iraqi men arrested in May on charges of trying to send Stinger missiles and other weapons to Al Qaeda related insurgents in Iraq. Both men were part of the refugee program that has allowed 56,000 Iraqi’s into the United States.
Mr. Alwan was, apparently, an insurgent himself who came to the U.S. with the intention of getting out of Iraq, where he was wanted, and gaining a U.S. passport which would allow him a much greater freedom of travel world wide.
He had been under investigation by the FBI since sometime in 2009. The details are sketchy but he had been working with an FBI informant who gave him weapons to ship to Iraq with the express intent of attacking Americans there.
All of this is pretty standard for anti-terror cases but it is when we get people like Sen. Mitch “Box-Turtle” McConnell involved that we see the perils of our “two track” justice system in regards to terrorism. The Senate Minority Leader is loudly saying that he wants the two men transferred from Federal custody to Guantanamo Bay.
Here is part of what he said, from the Courier-Journal article:
In a Senate floor speech, McConnell said he wanted to “get these men out of Kentucky.”
“Send them to Guantanamo where they belong,” the Kentucky Republican said. “Get these terrorists out of the civilian (court) system — and out of our backyards. And give them the justice they deserve.”
There are a lot of problems that that single sentence. First off it is hard to understand how a court system that is designed to let evidence that would never see the light of day in Article III courts be admissible is going to be any kind justice. (continued…)
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