1787 believes that terrorism suspects should be prosecuted in U.S. federal courts, not military commissions.

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Why?  Because U.S. federal courts, established under Article III of the U.S. Constitution, kick ass. 

 

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Back in the day, many people freaked out over the mere thought of terrorism trials being held stateside.  In fact, just ten years ago, then-NYC mayor Michael Bloomberg and then-NYC police commissioner Ray Kelly demanded the trial of the 9/11 co-conspirators be moved from a New York City federal court to Guantánamo Bay’s military commissions.  Turns out this panic was completely unnecessary.  Pretty much across the board, terrorism trials in the United States have proven to be swift, efficient, and effective – from jury selection through sentencing.  Meanwhile, the Periodic Review Board (the board that reviews whether Guantánamo detainees should stay or be transferred) has completely broken down, and the trials being conducted by military commissions – which includes the trials of Abd al-Rahim al-Nashiri, Abd al Hadi al Iraqi, and the five men accused of plotting the 9/11 attacks, including Khalid Sheikh Mohammed – are still in the pre-trial hearing phase, with trial dates still years away. 

 

Additionally, the military commissions continue to be operationally and procedurally messy.  For example, a  U.S. Court of Appeals for the District of Columbia Circuit threw out years of rulings in USS Cole case, finding that former military judge Vance Spath “created a disqualifying appearance of partiality” when he applied for a position as an immigration judge while still overseeing the case.

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As for those who think terrorists shouldn't be given the rights afforded by the U.S. court system, that is a distinction without a difference.  The Military Commissions Act of 2009 gives those being tried by military commissions practically all of the same procedural rights as those charged in federal court, and in some respects even more rights.  Read the entire Act here.  Plus, in the Supreme Court case Boumediene v. Bush, the Court ruled that, for prisoners at Guantánamo, "habeas privilege entitles the prisoner to a meaningful opportunity to demonstrate that he is being held pursuant to 'the erroneous application or interpretation' of relevant law, and the habeas court must have the power to order the conditional release of an individual unlawfully detained" – which means that federal courts have the power to review these cases and grant any relief anyway. 

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A FEW EXAMPLES OF U.S. FEDERAL COURT CONVICTIONS

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Sulaiman Abu Ghaith:  Osama bin Laden’s son-in-law & al-Qaeda spokesman (life sentence)

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Ahmed Khalfan Ghailani:  an al-Qaeda operative convicted for his role in the 1998 bombings of the U.S. embassies in East Africa (life sentence)

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Ibrahim Suleiman Adnan Adam Harun:  an al-Qaeda operative convicted for his participation in attacks on U.S. and coalition troops in Afghanistan that resulted in the deaths of two American service members and for conspiring to bomb the U.S. embassy in Nigeria (life sentence)

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Ahmed Abdulkadir Warsame:  an al Shabaab operative who also received training from al-Qaeda in the Arabian Peninsula, and who pleaded guilty to multiple terrorism offenses and became a government cooperator  (sentence confidential since he was an informant)

 

Saddiq Al-Abbadi & Ali Alvi Al-Hamidi:  al-Qaeda members who engaged in attacks against U.S. military forces stationed in Afghanistan and helped an American citizen gain entry into al-Qaeda so he could fight against U.S. troops in Afghanistan and U.S. citizens.

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Richard Reid:  attempted to explode a shoe bomb on a flight from Paris to Miami (life sentence)

 

Zacarias Moussaui:  participated in the 9/11 conspiracy (life sentence)

 

Mohammad Mansour Jabarah:  participated in a plot to bomb U.S. embassies in Singapore and the Phillipines (life sentence)

 

Faisal Shahzad:  attempted a car bombing in New York City’s Times Square (life sentence)

 

Umar Farouk Abdulmutallab:  attempted a Christmas Day 2009 bombing of Northwest Airlines flight 253 (life sentence)

 

Adis Medunjanin:  plotted to carry out a coordinated suicide attack on New York City subway (life sentence)

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Nijibullah Zazi and & Zaein Ahmedzay:  plotted to carry out a coordinated suicide attack on New York City subway (received time served, almost ten years, after "extraordinary cooperation" with American investigators) 

 

Dzhokhar Tsarnaev:   bombings of the Boston Marathon (death sentence)

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Ali Mohamad Kourani:  operative for Hizballah’s external attack-planning component (40-year sentence) 

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Evidence:

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Karen J. Greenberg, Editor.  Seth Weiner, Director of Research.  "The American Exception: Terrorism.  Prosecutions in the United States: The ISIS Cases
   March 2014 – August 2017."  Center on National Security at Fordham Law.  

Missy Ryan.  "In a Setback for Guantanamo, Court Throws Out Years of Rulings in USS Cole Case."  Washington Post. 16 Apr 2019

United States.  Department of Defense.  "Periodic Review Secretariat."  23 Jan 2018

United States.  Supreme Court.  "Boumediene et al. v. Bush, President of the United States, et al."  No. 06–1195. Argued December 5, 2007.  Decided June
   12, 2008.

Mary B. McCord.  "Federal Prosecution is a Viable Option for Enemy Combatants."  Lawfare.  24 July 2017​

United States.  Department of Justice.  "Ali Kourani Convicted in Manhattan Federal Court for Covert Terrorist Activities on Behalf of Hizballah’s Islamic Jihad
   Organization." 17 May 2019

United States.  Department of Justice.  "Hizballah Operative Sentenced to 40 Years in Prison for Covert Terrorist Activities on Behalf of Hizballah’s Islamic Jihad Organization." 3 Dec 2019