I am not interested in your uninformed and irrelevant opinions about "how well" the civilian criminal justice system has worked. I don't even know what that means. It "works" if there's a conviction? It has failed if there's an acquittal? Jeez, that's stupid.
I AM concerned with the FACT that when a person is charged with a crime in the civilian criminal Justice system here in the U.S.A., that person is automatically insulated. He is TOLD that he has a by-God RIGHT to remain silent. And right at that instant the conclusion becomes inescapable. It is a seriously stupid and easily avoided MISTAKE to confuse a captured illegal enemy combatant with a mere criminal.
Criminals commit crimes. Vile and hideous crimes, sometimes, but JUST crimes, nonetheless.
Illegal enemy combatants -- in this case, terrorists -- do not JUST commit "crimes." They commit ACTS of WAR.
I WANT all people charged with mere crimes to get their Constitutional right to remain silent.
I do NOT WANT captured illegal enemy combatants -- terrorists -- to even THINK we will tolerate their refusal to give up the information we demand from their captured mouths.
Yes, LOTS of folks talk when they are first arrested before they lawyer up. But the information we might need from the underpants bomber is likely to include much more in the way of DETAILS on minor points than can be obtained from an arrested criminal suspect prior to his arraignment. (There are time constraints. Suspects must get to court promptly.) And once the right to counsel is invoked, or once it attaches by operation of law, a suspect may not be questioned outside the presence of his lawyer.
It gets a LOT more complicated from there. What if the lawyer advises the underpants bomber that the U.S. prosecutor isn't promising him enough in exchange for sharing information? The lawyer would, at the juncture, probably advise his client NOT to speak anymore to the "government." That is a
really bad outcome when we need to know what the fucker knows.
Suppose the stupid motherfucker wants to go to trial? In the case of the underpants bomber, it appears that the government DID have his name and some intel about him before he even was permitted to take that flight. So, the lawyer will probably insist on GETTING that to review in preparation for the trial. The government might just wish to decline to share OUR intel with a terrorist. But the Court might then have to tell the government, "Pick your poison. You don't have to give him state secrets, but then you cannot prosecute him. OR, if you really want to proceed with this prosecution, then you HAVE to give him his discovery material." Why on EARTH would we want to put ourselves in THAT stupid position when there's no real need to go there? Military tribunal time.
The President
said we are at war and he said it in the context of this very terrorist attack attempt. So, why on EARTH are we doing this crap to ourselves?