International Covenant on Civil and Rights, a treaty the United States
has ratified which makes it part of US law under the Supremacy Clause
of the Constitution. The Geneva Convention's procedure of holding
prisoners of war until the end of hostilities does not apply here, as
we are not involved in a "war"; terrorism is a tactic, not an enemy."
She also reminds us that the presumption of innocence and the right to a trial "is enshrined in our Constitution; let's not dispense with them so cavalierly."
Given the huge and as yet unresolved controversy generated by the question of where and by whom KSM should be tried, one can see how Goldsmith and Wittes might find it convenient to skip this quaint nicety altogether.
But take that step and we won't have to wait long for the Al Qaeda propaganda machine to ramp up to full bore. Hear it now: Those Americans, who think they're so special because they follow the rule of law, are perfectly willing to throw their cherished Bill of Rights overboard whenever its convenient."
Plus, we Americans would lose the considerable value of having KSM's own testimony to confirm to the world that he is far too dangerous to ever be allowed back in the more or less civilized world.
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