header image

[Sign Up Now] to Receive Our FREE Daily SCVTV-SCVNews Digest by E-Mail

Inside
Weather


 
Calendar
Today in
S.C.V. History
January 16
1926 - Newhall Community Hospital, est. 1922, opens in larger, more modern hospital building at 6th & Spruce streets [story]
Newhall Community Hospital


Commentary by Sen. Dianne Feinstein
| Monday, Apr 22, 2013

Sen. Dianne Feinstein, D-Calif.

The recent arraignment of Sulaiman abu Ghaith in a New York courtroom was an important moment in the ongoing effort to bring senior Al Qaeda figures to justice. But that’s not how everyone saw it.

Critics complain that he should have been taken to Guantanamo to be detained and interrogated there as an enemy combatant. They object to his being tried in the United States as a “common criminal.”

I disagree; the record of our federal criminal courts is unmatched. The Abu Ghaith case is an excellent opportunity to model for the world what American justice looks like, and I have every confidence that federal prosecutors in the Southern District of New York are well-qualified to achieve a conviction, which would likely carry a life sentence.

It’s not as if we lack experience criminally prosecuting terrorists in civilian courts. In fact, our criminal justice system has achieved 438 terrorism-related convictions since 9/11, according to the Department of Justice. Many of them have been in the very Manhattan courthouse where Abu Ghaith will be prosecuted. Among the international terrorists brought to justice in U.S. courtrooms are “Blind Sheik” Omar Abdel Rahman, the “20th Hijacker” Zacarias Moussaoui and “Shoe Bomber” Richard Reid, and they are serving long sentences in maximum security federal prisons.

One compelling reason to try Abu Ghaith in a civilian courtroom is that it could be extremely difficult to prosecute him for conspiracy in the military commission system at Guantanamo. In January, Army Brig. Gen. Mark Martins, the chief prosecutor for the military commissions, said he would not bring conspiracy charges as a stand-alone offense against detainees, because of an October 2012 decision by the U.S. Court of Appeals for the D.C. Circuit in the case of Salim Hamdan, a former driver for Osama bin Laden. The ruling, Martins said, created legal uncertainty about whether conspiracy can be charged as a stand-alone offense for conduct that predates 2006. By comparison, conspiracy charges are common in federal criminal courts.

Critics have also suggested that interrogators at Guantanamo might get more useful intelligence from Abu Ghaith than will come out through the criminal trial process. But in fact, the criminal justice system has been a useful intelligence collection tool. Terrorism defendants in federal court have provided extremely valuable intelligence — including telephone numbers and email addresses used by Al Qaeda; information on terrorism recruiting techniques and finances; locations of training camps, safe houses and terrorists; names of operatives involved in past and planned attacks; and details of active plots. Those sent to Guantanamo have far less incentive to talk.

In recent years, the FBI has updated its policies to allow the initial interrogations of terrorists to be conducted without Miranda warnings, under a public safety exception recognized by the courts. But even when Miranda warnings have been provided, skilled interrogators have been able to conduct interviews in ways that provide valuable intelligence. FBI Director Robert Mueller told the Senate Intelligence Committee that reading an alleged terrorist his Miranda rights does not impede the ability of agents to collect intelligence. In fact, Mueller said, “The ability of the criminal justice system to produce intelligence is often overlooked.” He pointed to three specific terrorism cases prosecuted in federal criminal court that “were prominent in terms of providing intelligence.”

Criminal prosecutions also have been shown to be a more efficient way to bring terrorists to justice. Compare that with the military commission system, which has yet to deliver closure to families of 9/11 victims. The five 9/11 co-conspirators at Guantanamo have been arraigned, but their prosecutions have been on hold for years as motions are filed, procedures written and rewritten, and appeals made on a variety of issues.

Even when successful, military commissions have often not resulted in long sentences. Three of the seven terrorists convicted in military commissions since 9/11 have been released from Guantanamo and are free in their home countries of Yemen, Australia and Sudan. A fourth could be released from Guantanamo this year, a fifth is serving the rest of his sentence in Canada, and a sixth case is on appeal. Military commissions certainly have a role in the counter-terrorism legal system, but their use should be limited, not the default option.

Our partners and allies around the world have recognized the strength and legitimacy of the civilian criminal justice system and have cooperated with efforts to bring terrorists to justice in American courts. The same cannot be said of secret detentions or Guantanamo, both of which have sapped the international support the United States needs to continue global counter-terrorism operations.

The George W. Bush administration used federal courts extensively to prosecute terrorists, and so should the Obama administration. For Al Qaeda terrorists like Abu Ghaith, the record is clear: Our best chance at bringing this senior Al Qaeda figure to justice is the federal court system.

 

Dianne Feinstein (D-Calif.) chairs the Senate Intelligence Committee. Her commentary originally appeared in The Los Angeles Times.

 

Comment On This Story
COMMENT POLICY: We welcome comments from individuals and businesses. All comments are moderated. Comments are subject to rejection if they are vulgar, combative, or in poor taste.
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.

0 Comments

You can be the first one to leave a comment.

Leave a Comment


Opinion Section Policy
All opinions and ideas are welcome. Factually inaccurate, libelous, defamatory, profane or hateful statements are not. Your words must be your own. All commentary is subject to editing for legibility. There is no length limit, but the shorter, the better the odds of people reading it. "Local" SCV-related topics are preferred. Send commentary to: LETTERS (at) SCVNEWS.COM. Author's full name, community name, phone number and e-mail address are required. Phone numbers and e-mail addresses are not published except at author's request. Acknowledgment of submission does not guarantee publication.
Read More From...
RECENT COMMENTARY
Tuesday, Jan 13, 2026
Assemblywoman Pilar Schiavo (D-Chatsworth) released the following statement on Friday, Jan. 9 in response to Governor Gavin Newsom's proposed 2026–27 State Budget.
Saturday, Jan 10, 2026
This week marked the one-year anniversary of the Eaton Fire. As I reflect on the past year and look toward what lies ahead, my message to survivors is clear: I see your pain, I respect your resilience and I remain committed to walking with you on the long road ahead.
Friday, Jan 2, 2026
As we usher in a new year, I want to wish you and your family a very happy and healthy 2026.
Friday, Jan 2, 2026
It’s hard to believe 2025 is now in the rearview mirror.
Monday, Dec 29, 2025
The end of the year points out that time speeds up as you get older, or get bored, or think too much.
Saturday, Dec 27, 2025
At this time last year, we had no idea what changes and challenges 2025 would have in store. What I did know, and what this year reaffirmed, is that whatever 2025 brought our way, we’d get through it together.

Latest Additions to SCVNews.com
1926 - Newhall Community Hospital, est. 1922, opens in larger, more modern hospital building at 6th & Spruce streets [story]
Newhall Community Hospital
Assemblywoman Pilar Schiavo will host the Third Annual MLK Day of Service on Monday, Jan. 19. The event will be held 11:30 a.m.-1 p.m. at the Santa Clarita Vallet Boys and Girls Club Thomas E. Dierckman Clubhouse.
Jan. 19: Schiavo to Host MLK Day of Service, Donations Encouraged
The Ridge Route Preservation Organization will host a Ridge Route Storm Clean Up Day Sunday, Jan. 18 at 7 a.m.
Jan. 18: Ridge Route Preservation Organization Work Day
The city of Santa Clarita January Community Hike will be held Saturday, Jan. 17, at 10 a.m. in the Quigley Canyon Open Space, Cleardale Avenue, Santa Clarita, CA 91321.
Jan. 17: Santa Clarita Community Hike in Quigley Canyon Open Space
The city of Santa Clarita invites the community to celebrate the groundbreaking of Via Princessa Park on Thursday, Jan. 22, at 10 a.m.
Jan. 22: City of Santa Clarita to Break Ground on Via Princessa Park
Canyon Country Jo Anne Darcy Library will host a "Teen Library Eats: Ramen Noodle," event Thursday, Jan. 29, 4-5 p.m. at 18601 Soledad Canyon Road, Santa Clarita, CA 91351.
Jan. 29: ‘Teen Library Eats: Ramen Noodle Bar’ at Canyon Country Library
The city of Santa Clarita has issued a traffic alert for Smyth Drive in Valencia.
Traffic Alert Issued for SCV Water Pipeline Installation on Smyth Drive
Sam Shepard’s dark comedy "Curse of the Starving Class," presented by Eclipse Theatre LA, will run weekends beginning Friday, Jan. 23-Feb. 1 at The MAIN.
Jan. 23-Feb. 1: Eclipse Theatre LA Presents ‘Curse of the Starving Class’ at The MAIN
Bring your art to the trails. The city of Santa Clarita’s 2026 Temporary Trailhead Project is calling artists to create original sculptures that respond to our stunning landscape, open spaces and the everyday flow of explorers. The application deadline is Jan. 26.
Jan. 26: Deadline to Submit Sculptures to the Trailhead Project
Step back in time to 1882 and experience Helen Hunt Jackson’s visit to Rancho Camulos in Piru, which inspired her to use the rancho as a setting for her famous novel "Ramona," 1 p.m., Saturday, Jan. 31.
Jan. 31: Helen Hunt Jackson Returns to Rancho Camulos Reenactment
 The Los Angeles Homeless Services Authority has announced several improvements ahead of the 2026 Greater Los Angeles Homeless Count.
LAHSA Announces Improvements for 2026 Greater Los Angeles Homeless Count
On Wednesday, Jan. 21 from 6-7 p.m. the LA County Library will offer a virtual program entitled "Life Skills for Emerging Adults: Budgeting Basics."
Jan. 21: County Library Virtual Program on Budgeting Basics
Kindred Spirits Wine Bar will hold a ribbon cutting 4:30-5 p.m. Thursday, Feb. 5 at 24510 Town Center Drive, #120, Valencia, CA 91355.
Feb. 5: Kindred Spirits Wine Bar Ribbon Cutting
1875 - Henry Mayo Newhall buys western half of the Santa Clarita Valley for $2 an acre [story]
Henry M. Newhall
The California Department of Public Health is issuing an update to its Dec. 5 health advisory as an outbreak of amatoxin poisoning continues across California.
Death Cap Mushrooms Linked to Three Deaths, Three Liver Transplants and 35 Hospitalizations
The California Hispanic Legislative Caucus announced that Carlos Valdez has been named Caucus Consultant. Valdez brings nearly three decades of public policy and public affairs experience at the federal, state, and local levels.  
California Hispanic Legislative Caucus appoints New Caucus Consultant
Los Angeles County Sheriff’s Department, Missing Persons Detail, is asking for the public’s help locating At-Risk Missing Person, Sergio Moises Centeno. 
LASD is Asking for the Public’s Help Locating At-Risk Missing Person, Sergio Moises Centeno Canyon Country
Caltrans today announced awarding $202 million to 143 local, clean transportation projects to prioritize public transit and electric vehicle options in California communities most affected by pollution.
California investing $202 Million to Expand Cleaner Transportation Options in Communities Most Affected by Pollution
Congressman George Whitesides (CA-27) announced that he secured more than $3 million for local law enforcement and public safety initiatives across the Santa Clarita Valley, Antelope Valley, and San Fernando Valley.
Rep. George Whitesides Secures More than $3 Million for Local Law Enforcement, Public Safety Initiatives
Senator Suzette Martinez Valladares (R–Santa Clarita) announced that after just one year in office, she and her team have successfully secured more than $500,000 for constituents by helping individuals, families, and local organizations navigate state government and recover funds owed to them.
Valladares Secures More Than $500,000 for Constituents Through District Casework
Bruce Yonemoto has spent a lifetime exploring experimental cinema and video art and has developed a body of work that positions itself within the overlapping intersections of art and commerce. 
Bruce Yonemoto Named CSUN’s Orndorff Artist-in-Residence
The city of Santa Clarita invites the community to celebrate youth creativity at Art Hop, a free, family-friendly spring festival taking place on Saturday, March 28, from 10:00 a.m. to 2:00 p.m. at William S. Hart Park.
March 28: City of Santa Clarita Announces New Event: Art Hop
The College of the Canyons Rising Scholars program has been named the 2025-26 Exemplary Program Award winner by the Academic Senate for California Community Colleges.
College of the Canyons Rising Scholars Recognized with Exemplary Program Award
1988 - One-month-old Santa Clarita City Council votes to form Planning Commission [minutes]
meeting minutes
SCVNews.com