It was an outrageous usurpation of executive authority and a mockery of the values on which this nation was founded. It sought to eliminate the only effective tool this country has to punish terrorists, the federal courts, and create a system of unchecked military detention with no judicial or even Congressional review.
—New York Times, on Sen. Kelly Ayotte’s attempt to prohibit the U.S. from prosecuting foreign terrorist suspects in civilian courts
Early this morning, the Senate killed an amendment offered by Sen. Kelly Ayotte that would have prohibited the United States from prosecuting foreign terrorist suspects in civilian courts. Sen. Patrick Leahy spoke against the amendment, saying it would “tie the hands of our national security and law enforcement officers in their efforts to secure our national security.”
I find it deeply troubling that the Senate would prohibit the administration from trying terrorists in our Federal courts. While there may be a place for military commissions in our overall approach to dealing with terrorism suspects, they remain mostly an unproven tool. The federal courts have dramatically more experience with handling these types of cases and have a proven track record of success.
This amendment would deprive Federal law enforcement of a critical tool in bringing terrorists to justice. It usurps the Attorney General’s constitutional responsibilities. This is not the path forward.
Amnesty International was more direct in condemning the proposal.
If this amendment passes, it would be an unmitigated national security disaster, removing a keystone — federal trials — which serve to keep this country safe.
The definition of character is to do the hard right, not the easy wrong. It’s a great punch line to say you are tough on terror and that we should just lock them all up and throw away the key. But if you can’t prosecute terror suspects then you can only hold them for the duration of the conflict — and then they get to walk free.
A progressive perspective on New Hampshire politics and other oddities.
William Tucker is an architect in Portsmouth.
