Don't Put Terrorists on Trial

[Valin]

Townhall:

Daniel Pipes

Jul 14, 2014

 

The Obama administration has brought an accused Libyan terrorist named Ahmed Abu Khattala to Washington for trial. His saga reveals how the government views the Islamist threat, and it's discouraging. Fortunately, a much better alternative exists.

 

Abu Khattala stands accused of taking part in the murder of an ambassador and three other Americans in Benghazi in September 2012. After an achingly slow investigation, during which time the suspect lived in the open and defiantly gave media interviews, the American military seized him on June 15. After being transported by sea and air to Washington, D.C., Abu Khattala was jailed, provided with a defense attorney, Michelle Peterson, indicted, arraigned, and, after listening to an Arabic translation of the proceedings, pleaded not guilty to a single charge of conspiracy and requested a halal diet. He potentially faces life in prison.

 

This scenario presents two problems. First, Abu Khattala enjoys the full panoply of protections offered by the U.S. legal system (he actually was read his Miranda rights, meaning his right to stay silent and to consult with a lawyer), making conviction uncertain. As the New York Times explains, proving the charges against him will be "particularly challenging" because of the circumstances of the attacks, which took place in the midst of a civil war and in a country brimming with hostility to the United States, where concerns about security meant that U.S. law investigators had to wait for weeks to go to the crime scenes to collect evidence, and the prosecution depends on testimony from Libyan witnesses brought over to the United States who may well falter under cross-examination.

 

(Snip)