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Joe Conason: Fearmongering Is Not Patriotic
The loudest voices on the right never tire of telling us that they are the truest patriots. They claim to be the deepest believers in our system, the strongest defenders of our Constitution, the most upbeat, bold and courageous Americans anywhere. But now that the government is finally prepared to put the perpetrators of the Sept. 11, 2001, terrorist attacks on trial, these same patriots are the first to spread doubt, instigate anxiety and abandon constitutional principles.
When did fearmongering in a time of war become an act of patriotism?
Attorney General Eric Holder’s decision to try al-Qaeda strategist Khalid Sheikh Mohammed and other residents of the Guantanamo prison in U.S. civilian courts has provoked angry criticism from all the usual sources, from the Wall Street Journal editorial page to the Fox News airwaves. While some of the complaints are thoughtful, many are nothing more than demagogic appeals that seek to undermine the foundations of justice in a democratic society.
When Holder’s critics say that Mohammed doesn’t “deserve” an open and adversarial trial, they are misunderstanding the spirit of our laws. The right to a trial — indeed, all the rights afforded to criminal defendants under the Constitution — is not apportioned according to what the defendants supposedly deserve. What they deserve is, in fact, precisely what a fair trial is designed to determine.
The nation’s founders despised the passions of the lynch mob and the arbitrary penalties handed down by kings and despots. They were particularly appalled by the tortures and abuse inflicted on American Revolutionary soldiers by the British oppressor — and vowed never to do the same to America’s enemies.
When Holder’s critics say we don’t dare try a criminal like Mohammed on the soil of the United States, in a New York City federal courthouse, that is a terrible concession to the terrorists. The same is true when those critics protest against incarcerating a figure such as Mohammed in a U.S. prison, rather than Gitmo. Essentially, those arguments exaggerate the power of al-Qaeda — which conservatives usually claim has been profoundly weakened over the past several years — and underestimates the strength of the U.S. justice system.
In fact, we have been trying dangerous terrorists in U.S. courts for many years, and then incarcerating them in U.S. prisons. According to a new study by the Center for Law and Security at New York University, the U.S. government has indicted 828 defendants on terrorism-related charges since 2001. Of those indictments, trials are still pending against 235 defendants — and of the remaining 539 defendants, 523 were convicted either at trial or via plea.
The single largest venue for terrorism trials is New York City, where 145 terrorism indictments have been filed. The center found in a previous study that the conviction rate in New York is higher than in the rest of the nation, and that sentencing in New York is also tougher. That is understandable — and may help explain why the attorney general chose the Southern District of New York for the Mohammed prosecution. In the city’s federal courts, the conviction rate of individuals charged with terrorism involving a U.S. target is 100 percent.
When Mohammed is convicted (or pleads guilty, as he has previously vowed to do), the U.S. federal prison system is ideally equipped to inflict suitable punishment on him and his cohort. Better than providing him with martyrdom via execution, he should be buried in a “Supermax” prison, from which nobody has ever escaped, and left to rot.
The most basic challenge of the terror campaign waged by jihadi extremists is to preserve the differences between us and them — a challenge that the U.S. government has failed at in far too many instances in the past eight years, through the use of torture, extrajudicial detentions, renditions to other countries, and various other violations of U.S. law and treaty obligations. Our own courts found that these acts by the previous administration were lawless and required them to be reversed.
As a nation, we should have the confidence to make the case against these murderers according to our laws and Constitution, without fear of their propaganda or violence. Every precaution should be taken to protect national security and public safety — and then our system will prevail over their perverse ideology.
— Joe Conason writes for the New York Observer. Click here for more information, or click here to contact him.
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» on 11.19.09 @ 10:15 PM
What drivel. I love the line “The nation’s founders despised the passions of the lynch mob and the arbitrary penalties handed down by kings and despots.”
How about the arbitrary death sentences handed down on 3000 civilians by jihadi terrorists? Would the founding fathers have been OK with that?
I also love the line “When Mohammed is convicted (or pleads guilty, as he has previously vowed to do)...”
Yeah, I trust a terrorist…
Let me get this straight: If we just “love” them enough, if we give them “rights” (which they don’t have in their own countries), then they won’t kill us. WAKE UP AMERICA.
It is not “fear mongering” to protect our nation. But take this immigrant’s word for it, not mine.
http://www.actforamerica.org
» on 11.20.09 @ 06:00 AM
Right on Joe. I am also troubled by the talk that the defendants might say something that the American public should not hear. Maybe we should listen to people who hate us so much that they try to kill us.
We killed our own Tim Mc Vey before finding out WHY he blew up the Federal Building. Saddam got the rope before he could talk. Our former friend Manuel Noriega still rots in jail.
I am not saying that the reasons for their actions might not be wrong, I just say that we should at least listen. Just maybe the reasons we hear might be relevant to what we do in the future to prevent such terrible things from happening again.
Revenge can make us feel better, but swift justice will not deter such actions.
» on 11.20.09 @ 07:48 AM
“dangerous terrorists deserve the right to a fair trial” The hell they do!! They are not criminals, and they are not citizens and they are not subject to the laws of OUR land. They don’t deserve to get off on a technicality the same way a citizen of this country does! What is it with you terrorist loving traitors??? In the days of this country’s founding you would have been strung up on a tree for sedition!
» on 11.20.09 @ 08:33 AM
Joe great article and I agree 100%. I would expect the response from SBNative because he is a good example of what you are talking about. America is great because we are a country of laws and abide by our Constitution. Let us show the world that we can successfully put on trial and convict terriorists in the U.S. as we have many times in the past. The system at Gitmo is broken and in violation of numerous international laws. In America we lead by example and are not scared. I say we move the remaining Gitmo prisoners to the vacant maximum security prison in Illinois being considered and get moving with the process. Put the terriorist on trial and stop hiding behind fearmongering. Our founders would be proud of us. The line by SBNative about arbitrary death sentences handed down on 3000 civilians by jihadi terrorists is exactly why we should put them on trial and not let the terriorist win. By definition terriorism is an attempt to frighten a group of people into a certain performance or lack thereof. Al Queda’s goal is to scare us and drain us financially and so far they are winning the battle.
» on 11.20.09 @ 08:33 AM
Thanks for a thoughtful article. I am disturbed by those who believe we can somehow suspend the Constitution because of the atrocities of 9/11, as horrendous as they were. What makes the U.S. special is that we have an amazing document that all of us, our actions, and even our laws must report to.
» on 11.20.09 @ 09:38 AM
Or is it idiotic? To have more concern for our enemies “rights” than for our own country. The CONSTITUTION applies to citizens of the United States of America, not to DANGEROUS TERRORISTS of other countries who would think nothing of slowly sawing your head off your neck with a dull knife while screaming Allah Akbar, and annihilate you in a minute and your concern is that he gets a “fair trial” , you fools? And you call barking dogs, loud music and being forced to ear underwear on your head TORTURE??
This country was not founded by whooses like yourselves. World War II was not fought by whooses like yourselves. Haas the world become less hostile and more peaceful since then? No and it never will, stop dreaming. What have we become? When are we going to man up in this country? When it’s too late? We can’t properly defend ourselves anymore we have to coddle our enemies while they mock us? Why should they be afraid to attack us? Why should they fear being captured when all we do is kiss their butts when we have them?
We are ripe for the picking, because our enemies see what wimps we are and laugh. The enemy is already within our borders within our military bases for God’s sake, and your idiotic political correctness is killing people. Remember Ft. Hood or was a few weeks ago beyond the span of your attention? We are afraid to offend him by calling him a terrorist and jihadist? When this country was founded the lynch mobs would be after Joe Conasen for treason.
» on 11.20.09 @ 09:41 AM
Why are Obama and Pelosi and Reid doing so much of it to get stimulus, healthcare cap and trade passed? Oh that’s right, they are not patriotic, you’re right Joe.
» on 11.20.09 @ 10:07 AM
I wonder if any of these bloggers had relatives killed on 9/11? I wonder if they would still be so “understanding” if they had they SEEN people jumping out of the towers - to a sure death - just to escape molten steel and flames. I agree—America should “hear more” about why these people want to kill us. And our press should not “protect” us by telling only part of the truth.
Here’s some reference material for you ignorant docile peaceniks: “Why They Hate” by Brigitte Gabriel, “While Europe Slept” by Bruce Bawer, “Infidel” by Hirsi Ali, and “Londonistan” by Melanie Philips. Written, respectively, by a woman emigree from Lebanon, a gay man who moved to Amsterdam to escape U.S. Christian fundamentalism, a woman emigree from Somalia, and a British journalist.
WAKE UP AMERICA!!!
» on 11.20.09 @ 10:17 AM
There are countless reasons to oppose Holder’s decision, not the least of which is the potential for compromising our intelligence assets in a public, criminal trial where Mohammed’s attorneys will demand release of such classified information.
This is not a hypothetical concern. During the trial of Omar Abdel-Rahman, the perpetrator of the 1993 New York trade center bombing, Rahman’s attorneys forced the release of the list of unindicted co-conspirators developed by the prosecution.
One of the names on the list? Osama bin Laden. Soon after, bin Laden fled Sudan.
An insightful Wall Street Journal column by William McGurn provides another powerful reason why Holder’s decision is so outrageous. Bottom line: Holder’s decision has given terrorists a greater incentive to target civilians. “And the perverse message that decision will send to terrorists all over this dangerous world is this: If you kill civilians on American soil you will have greater protections than if you attack our military overseas.”
http://online.wsj.com/article/SB20001424052748704431804574539792069224238.html
The perversity of this defies description. This is just one more in a long line of decisions by the Obama administration that is putting America—and our lives—at greater risk.
EXCERPTED from http://www.actforamerica.org
» on 11.20.09 @ 11:07 AM
Great…our soldiers all died for our right to be afraid.
You brave guys just go on being fearful…suspend the Constitution which by the way, doesn’t just apply to citizens it applies to how AMERICANS conduct themselves legally, politically, and militarily.
I’m ashamed of fearful Americans…you are destroying our political process with your fearfulness. And, if you prevail, this country will become a place you won’t even want to live.
It is tempting to say “scaredy cats!”
» on 11.20.09 @ 12:26 PM
This has NEVER been done in the history of our country, giving a trial to prisoners of war! They get a war tribunal and if they are found guilty they are shot. You don’t read them miranda rights, bring them a few blocks from where the atrocities occurred and try to prove that “I’m ok you’re ok” to the whole world!! Suddenly we have to prove to the world that we have a wonderful constitution? You people have a self esteem problem.
» on 11.20.09 @ 12:40 PM
sb native (with a space), you should give up while there are still people left that think you might not be stupid.
Who is afraid? It’s not a matter of being afraid it’s a matter of doing something unprecedented and stupid, which gives recognition, credibility, credit, respect and *human* rights to *animals* that think nothing of the value of innocent life (remember 9/11?) who are NOT AMERICANS. These people should FEAR us and FEAR being captured, not expect to be coddled and treated the same way as citizens with values who value innocent life!
sb native:
“the Constitution which by the way, doesn’t just apply to citizens it applies to how AMERICANS conduct themselves legally, politically, and militarily.”
Tell us please what an “AMERICAN” is in your mind that deserves the rights endowed by the Constitution of the UNITED STATES of AMERICA? Are AMERICANS the ones that have been sitting in Guantanamo? What is the difference between an American and a citizen in your mind? Does our Constitution give rights to AMERICANS from South America?
» on 11.20.09 @ 03:49 PM
So, does anybody know if they were read their Miranda rights when they got busted?
» on 11.20.09 @ 06:38 PM
Do any of you scardycat tough guys ever stop to wonder why Bring Em On Bush didn’t snare Bin Laden when we had him cornered in Tora Bora ? If he had caught Bin Laden there wouldn’t have been much reason to invade oil rich Iraq , would there . Stop yelling and start thinking .
» on 11.21.09 @ 12:21 AM
GWWally - so why did 9/11 happen? We were IN Iraq… so why did 9/11 happen? Perhaps you should refer to my reading list above… YOU might start thinking…
» on 11.22.09 @ 04:54 AM
That’s hilarious loco. “Al Queda’s goal is to scare us and drain us financially and so far they are winning the battle.”
You must have Al Queda confused with obama pelosi reid and the democrats.
» on 11.22.09 @ 05:05 AM
“Do any of you scardycat tough guys ever stop to wonder why Bring Em On Bush didn’t snare Bin Laden when we had him cornered in Tora Bora ? If he had caught Bin Laden there wouldn’t have been much reason to invade oil rich Iraq , would there . Stop yelling and start thinking”
This is about the most moronic post I have ever read froma self proclaimed “thinker”. . Ok so we catch Bin Laden and all the terrorists throw up their hands and surrender and the war is over ? Wow good thinking. So the real reason we went to Iraq is to steal their oil? Well where is it then moron? Where is all that iraqi oil we stole? Why is gas still 3.50 a gallon? And the final question? Why hasn’t obama delivered on his promise of capturing bin laden yet? (As if that is going to end terrorism once and for all) good thinking Wally.
» on 11.22.09 @ 05:20 AM
All of ýou need to really dig into the history of World War II and any other war you’re a bit naïve. There has never been any such thing as a fair trial for enemy combatants caught on a battlefield fighting our soldiers. It hasn’t been just the last eight years you dopes.
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