Obama still favors failed lawfare treatment of terrorist

Khalid Shaikh Mohammed, upon capture.Image via Wikipedia
The Hill:

Rep. Peter King (R-N.Y.), the incoming chairman of the Homeland Security Committee, has angrily denounced President Obama’s recess appointment of James Cole as deputy attorney general.

King called Cole’s appointment “absolutely shocking” and said it might be one of the worst appointments Obama will make during his presidency.

“I strongly oppose the recess appointment of James Cole to lead the national security team at the Department of Justice,” King said in a statement. “The appointment indicates that the Obama Administration continues to try to implement its dangerous policies of treating Islamic terrorism as a criminal matter.”

The harsh words demonstrate the deep divisions that exist between some of the president’s policies and Republican positions on terrorism issues and serve as a harbinger of the inevitable clashes to come between the GOP chairmen of key national security committees and the administration.

Cole has advocated for the use of civilian trials in prosecuting terrorism suspects, and King views the appointment as a sign of the administration’s intent to continue to try detainees through the criminal justice system rather than through military tribunals, which most Republicans prefer.

King said that Cole’s appointment is exactly the wrong message to be sending to U.S. citizens, especially after the public pushback on Obama’s attempts to close the Guantanamo Bay prison facility in Cuba. During the lame-duck session, Congress attached language to the $1.1 trillion spending resolution to keep the government funded next year that would prevent Obama from spending any funds to try terrorism suspects in civilian court instead of military commissions.

The resolution essentially prevents the closing of the facility in Guantanamo Bay. Several New York Democrats, along with a vocal group of GOP lawmakers, earlier this year also expressed deep concern about Justice Department plans to try Khalid Sheik Mohammed, the self-declared 9/11 mastermind, in federal civilian court in New York.

“After the American people, and the Democratic Congress, unequivocally rejected President Obama’s plans to close Guantanamo and transfer admitted 9/11 mastermind Khalid Sheik Mohammed to the United States for trial in federal civilian court, I find it absolutely shocking that President Obama would appoint someone who has diminished the 9/11 terrorist attacks by comparing them to the drug trade and who believes that a civilian courtroom is the appropriate venue for 9/11 trials,” King continued.

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The problem with the lawfare approach is that convictions do not deter terrorist. All the convictions we had in the 90s did not stop the 9-11 attack and the trials gave up valuable sources and methods of gathering intelligence that allowed the 9-11 attackers to go forward undetected.

The trials are of no benefit whatsoever. The claim that they send a message to the world is refuted by the facts of what happened in the 90's when we used the failed method.
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