Liability
Locked Account.
Because they are engaged in warfare. They aren't vandalizing the walls of your old high school. They aren't robbing banks. They aren't smuggling drugs to sell to our kids. (To the extent they engage in thievery or drug dealing, it is for the purpose of furthering their ability to wage this war.)
Why would we want to treat them BETTER than we treat a captured Nazi during WWII? Criminals get trials. Captured enemies get held as POWs. Captured enemies get no fucking "trial." The issue with them is never "well, can we prove their 'guilt' of some crime beyond a reasonable doubt?" The issue with them is much simpler. How do we best prevent them from continuing to wage war? IF we "try" them for some mere "criminality," they could get acquitted by a jury as stupid as the OJ Simpson murder trial jury. What do we do with them, then? Permit them to return "home" which is the same as permitting them to return to the "battlefield" thereby endangering our fighting forces and -- in the case of these terrorist shitheads -- endangering civilians, too.
Fuck that.
If the Nazis who were LAWFUL combatants in many respects were not given such "rights," then it is beyond obvious that al qaeda pussies shouldn't get BETTER treatment.
If we CHOOSE (due to the fact that we happen to be civilized) to treat them in a fashion roughly akin to POWs (without giving them that legal status which they do not merit), that's entirely our right. But they should derive no additional benefits from our civilized and enlightened and generous largess.
I'm not convinced, at least not if you look at the consequences of their actions.
You are unlikely to ever be convinced of any alternative position when your mind is already made up to the contrary.
It's clear to me that Al Qaeda isn't trying to conquer the US in terms of territory. So that part of war, which I would argue is the most significant one in a traditional sense, isn't on the table.
Absolutely irrelevant. Why any nation goes to war (to obtain territory or to obtain some other tactical advantage or out of cultural or racial hatred, etc., etc., etc.) has nothing to do with the fact that in THIS CASE, referring to al qaeda, they have themselves DECLARED war and have acted accordingly.
Then, if I look at the consequences of their actions, I can think of many criminals whose actions are by far worse in terms of cost to the US. For example, the drug dealers you mention, how many dead people are they responsible for? Are they not also waging a war on the US, in the sense that through willful blindness - or worse, pure malice - are trying to damage the us? What about a home grown terrorist?
Even if that's true (and I see no purpose in debating that perception of yours), so what? It doesn't alter the fact that these al qaeda cocksuckers are waging war against us.
I think it's not clear cut like you are describing. And the risk with your approach is that you will catch people in your net that should certainly be within the penumbra of criminal law.
There's a chance in any war that there will be innocents killed. What the devil does that have to do with the fact that they declared war on us (and they did) and that they have acted along those very lines to our massive detriment and to the grief of the family of the slaughtered victims?
Finally, you seem to distrust the legal system and the jury system. You basically don't want to take the risk of an adverse judgment. You have convicted the person on day 1. I think it's very tempting to prejudge people, but simply because we are scared doesn't mean we should forgo our way of justice. Using that logic, I can think of many situations in the criminal law system where we should be removing protections afforded to the accused to err on the side of caution.
I have some misgivings about the legal system. I also think it's a remarkably good system for its intended purpose. So what? What does THAT have to do with whether or not we are making a mistake by permitting captured enemy combatants to have access to our LEGAL system. Is it possible that one of more captured enemy combatants might not be actual al qaeda type terrorists? Yes. Very sad. So is the loss of life of innocents in any war. Can you make a judgment about which of those two unhappy events is worse?
But if we insist on treating captured enemy combatants as mere criminals with all of the attendant rights to have a "trial," then not only is there an utterly unnecessary risk created (i.e., an acquittal) that we will have to release one or more of those rat fuckers to kill our soldiers and civilians again -- but in order TO even provide them with our notion of a "fair" trial complete with "due process," we will have to give them "discovery" to prepare for trial. In this case, when we are "trying" enemy combatants as mere criminals, that "discovery" stuff is likely (at least in some cases) to include military intelligence.
You guys tend to duck the consequences of your thinking and your proposed counsel. But that's not acceptable. So think it through.
If we are confronted with the choice of giving some al qaeda scumbag "discovery" in the form of military intelligence OR risk having a judge (adhering to our concepts of due process in criminal proceedings) dismiss the case against the "accused" what is our choice going to be? If we choose to give the "accused" his "discovery," then we are obliged to give our military intelligence to the enemy.

Why on EARTH would we give those WONDERFUL options to al qaeda scumbags when we wouldn't give such wonderful options to captured LAWFUL enemy combatants?
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