Despite the fact that the U.S. government so far is not
applying military tribunals to U.S. citizens, the stakes
have now gone up for the American people. What began as a
life-and-death issue for the federal governments
detainees at Guantanamo Bay has now been converted into a
life-and-death issue for the American people. For
al-Qaeda has now declared that if U.S. authorities follow
though with their plan to try the detainees before
military tribunals, especially for death-penalty
offenses, Americans can expect more terrorist attacks
akin to those of September 11.
Thus, the issue of military tribunals is no longer an esoteric
one for the American people. Like it or not, as a result
of the new al-Qaeda threat every American has now been
thrust into the middle of the intellectual, moral, legal,
and political battle over the U.S. governments plan
to utilize military tribunals against the Guantanamo Bay
detainees.
Each American must now ask himself a critical question:
Are those military tribunals worth dying for and are they
worth risking the lives of our friends, families, and
countrymen?
If the president and the Pentagon follow through with
their plan and if there is another giant terrorist attack
that takes the lives of thousands of Americans, I can
already hear federal officials declaiming, This is
an attack on our freedom and values.
But they will be speaking falsely. In fact, it is the
military tribunals themselves that will constitute the
real attack on our freedom and values.
Ask yourself: Why did U.S. officials decide to send
detainees to Guantanamo Bay rather than bring them to a
federal penitentiary or prison camp here in the United
States? Theres one and only one reason: to avoid
the principles of the U.S. Constitution and the judicial
system of our country.
By basing prisoners in Cuba, U.S. officials hoped to avoid due process of law, effective assistance of counsel, trial by jury, the right to summon witnesses, the right to confront witnesses, and appellate review. Federal officials wanted a place in the world where they could be a law unto themselves — where they could be jailer, prosecutor, judge, and executioner and without having to answer to anyone or any law.
Is that what America is all about? What better evidence of utter contempt for the Constitution, our heritage of liberty and due process of law, and our way of life? Show me a bigger attack on our “freedom and values” than that.
One who genuinely embraced the principles of America
would take a different position: We have the finest
judicial system in the world, one that has been developed
through centuries of arduous struggle. We take great
pride in utilizing it, not only for citizens of our
country but also for foreigners. And its a way of
life were committed to preserving, even if it means
risking our lives to terrorism or any other threat.
Far from mirroring the due-process procedures set forth
in the Constitution, the military tribunals will instead
reflect the processes used on Fidel Castros side of
Cuba, where terrorist suspects are also tried before
military tribunals before biased judges and denied
independent counsel, due process of law, the right to
confront witnesses, the right to summon favorable
witnesses, the right of trial by jury, and the right to
have their convictions reviewed by independent appellate
courts.
It is not a coincidence that the National Criminal
Defense Lawyers Association has told its 11,000 members
that it would be unethical for any of them to serve as a
defense attorney in the military tribunals at Guantanamo
Bay.
Theres still plenty of time to reverse course,
which is exactly what the president and the Pentagon
should do, not because of the threat that al-Qaeda has
leveled against us but because the Guantanamo military
tribunals will denigrate the freedom and values our
nation is supposed to stand for. And thats
something thats neither worth dying for nor risking
the lives of others for.
Mr. Hornberger is founder and president of The
Future of Freedom Foundation. Send him email.
|
Send to a friend
Printer Friendly PDF Format
Subscribe to FFF Email Update
Subscribe to Freedom Daily
|
|
|
|