Freedom Line Blog

In the “not a big surprise” news category, the ABA announced that it “supports” Attorney General Eric Holder’s decision to try some Gitmo detainees in New York federal court.

Carolyn Lamm, President of the ABA (American Bar Association) and occasional lobbyist for Uzbekistan, wrote General Holder arguing that “[t]he transfer of these high-profile cases to federal court affirms this nation’s adherence to due process and the rule of law, and clearly establishes that these men are being tried as criminals, not as soldiers in armed conflict.”

CFIF has opined on these trials here and here, and while the Gitmo detainees are clearly being treated as criminals now, are we not now in an “armed conflict?”  How many Americans have died in Afghanistan because 9/11 conspirators like Khalid Shiekh Mohammed decided to turn passenger jets into missiles?   Would American conspirators in foreign countries be tried in civilian courts for engaging in acts of war?

The ABA seeks “competent assistance of counsel … due process … and [the right] to be treated as innocent until proven guilty” for the Gitmo detainees.  Let’s hope they receive those rights without jeopardizing national security or turning a real trial into a spectacle that puts American foreign policy on the witness stand.