Andy McCarthy led the team that successfully prosecuted those who bombed the World Trade Center on February 26, 1993 and conspired in the Landmark Bombings plot, including “Blind Sheikh” Omar Abdel-Rahman. He has been critical of Attorney General Eric Holder’s decision to bring the 9/11 conspirators into federal court. McCarthy weighed in again today, in the New York Daily News:
In the military system, we could have denied them access to classified information, forcing them to accept military lawyers with security clearances who could see such intelligence but not share it with our enemies. In civilian court, the Supreme Court has held an accused has an absolute right to conduct his own defense. If KSM asserts that right — as he tried to do in the military commission — he will have a strong argument that we must surrender relevant, top-secret information directly to him. And we know that indicted terrorists share what they learn with their confederates on the outside.
Finally, as policy, the administration’s decision is perverse. A half-century of humanitarian law, beginning with the Geneva Conventions, sought to civilize warfare. To receive enhanced protection, combatants must adhere to the laws of war and refrain from targeting civilians. Under Obama-logic, the Cole bombers get a military commission while the 9/11 savages are clothed in the majesty of the Bill of Rights.
The Obama Justice Department will give the 9-11 terrorists a civilian trial in New York City. This only gives the appearance of “justice”. It is purely political. Only a few “detainees” will be given civilian trials while most others will face military tribunals or stay in detention without trials. Both the terrorist and the government lawyers will put America and George Bush on trial. They’ll claim that evidence was unlawfully obtained (through water-boarding) or that evidence is now being withheld (by ex-intelligence people who want to protect sensitive information and sources). If these terrorists are found innocent they will just be charged and tried for some other crime; and, if they are found guilty, they will radicalize and inspire fellow Muslims in our prison system. While all this is going on inside the court room, out in the streets, there will be demonstrations, bomb threats and media madness! The terrorists will have military escorts to the courtroom or they’ll be brought in by helicopter, like rock stars. Americans will be traumatized, lose confidence in the criminal justice system and some will over-react with violence. Martial law will be required. The people who control the presidency, Congress, the courts, the military, the money and the media will use the crisis to silence all opposition. The specticle will be an injustice to the people who died on 9-11. The time to stop this is NOW ! Urge the politicians on the House and Senate Judiciary Committees to stop this travesty.