On the one hand, I have long maintained that it is dangerous and stupid to hold these "trials" as though the al qaeda type filth we are now "prosecuting" were ONLY guilty of criminality.
And I stand by that. This is beyond ridiculous. It is quite dangerous and very very stupid.
However, if we ARE going to treat them as though they "merely" committed criminal acts, then we ought to not be shocked if and when some of them get acquitted on some counts (or maybe even all counts). The only other alternative is that we would be staging "show" trials where the "verdict" was written in advance. Doing that kind of deliberate damage to our system of justice would be a tragic, horrifying, mindless and evil act.
And let's not kid ourselves. American juries are NOT going to simply convict some stupid bastard just because the government has placed the "terrorist" label on him. The government WILL get held to the criminal justice standard of proof beyond a reasonable doubt. And if the government is unable and unwilling to provide to the "defendants'" attorneys all of the "discovery material" to which any "criminal" would be entitled, then you can bet your asses that the defense attorney's will RAIL against the denial of "justice." And they would be right in doing so.
We are begging for trouble. If the "evidence" against some scumbag terrorist happens to be classified intelligence material, then the Government either has to give up the classified material TO the fucking enemy OR they will have to use common sense to refuse to share such classified material with the "defense," and likely face SANCTIONS up to and possibly including dismissals of the charges in case after case.
This is insanity. These "cases" do NOT belong in criminal courts of law. We are not discussing mere criminal behavior. We are discussing acts of war, and the fact that we are dealing with illegal combatants doesn't change the analysis at all. We do not prosecute enemy soldiers (uniformed or not) in criminal courts. We fight them on whatever the battlefields might be. And we kill them and defeat them.
I cannot understand why liberals tend to accept the highly retarded notion that we "should" give a captured enemy combatant "Miranda" warnings. Liberal thinking on this topic is insane and it manifests its insanity in insane outcomes like that.