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
November 22
1843 - Rancho Castec (Lebec-Tejon area) granted to French immigrant Jose Covarrubias [story]
Rancho Castec diseno map


Commentary by Sen. Dianne Feinstein
| Monday, Mar 25, 2013
Sen. Dianne Feinstein, D-Calif.

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., is the chairwoman of 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.

1 Comment

  1. Jody says:

    Once again, our ultra-Liberal senator is WILDLY out of touch with reality. Let’s treat a foreign terrorist hell-bent on murdering as many Americans as possible a civil trial and all that the American justice system can offer him or her– maybe even an acquittal! But mostly a political platform for expressing their hatred, and additional burden on our cash-strapped courts (not to mention all the increased security measures required.) Makes sense to me!

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
Thursday, Nov 21, 2024
The holiday season is just around the corner and it’s one of the most magical times of the year.
Wednesday, Nov 20, 2024
Supervisor Kathryn Barger commented on Attorney General Rob Bonta’s announcement that he is pursuing additional monitoring and strengthened protections for youth in Los Angeles County’s juvenile halls.
Wednesday, Nov 13, 2024
I think we’re all glad that the extreme heat of the past few months here in southern California has passed, and we are now enjoying some beautiful fall days.
Monday, Nov 11, 2024
This week, I took my Oath of Office for my third and final term as Fifth District Supervisor.
Monday, Nov 11, 2024
As we conclude the 2024 Fall season, I would like to thank all the athletic directors, school administrators, athletic trainers and anyone else responsible for helping implement and navigate our new Health and Safety Bylaws.
Thursday, Nov 7, 2024
Did you know that our local Santa Clarita Public Library offers passport acceptance services? Whether you’re planning a vacation, studying abroad or reconnecting with family, the Santa Clarita Public Library is here to support your journey.

Latest Additions to SCVNews.com
The Santa Clarita Valley Chamber of Commerce will hold its annual Awards + Installation event on Friday, Jan. 31 at the Hyatt Regency.
Jan. 31: SCV Chamber Awards + Installation Early Bird Tickets
The Valley Industry Assoction will host a Cocktails & Conversation event with Cameron Smyth on Thursday, Dec. 12, 5:30=7:30 p.m. at Margarita’s Mexican Grill, 23320 Valencia Blvd., Valencia, CA 91355.
Dec. 12: Cocktails & Conversation with Cameron Smyth
Following an extensive search, the Governing Board of the William S. Hart Union High School District has unanimously selected current Interim Superintendent Dr. Michael Vierra as the new Hart District Superintendent, filling the vacancy created when Mike Kuhlman resigned effective June 30.
Hart Board Selects Current Interim Superintendent to Fill Vacancy
"Christmas Carol: The True Meaning of Christmas" will be performed on stage at the Canyon Theatre Guild on weekends beginning Friday, Nov. 29 thru Monday, Dec. 23 at 24242 Main St., Newhall, CA 91321.
Nov. 29: ‘Christmas Carol, The True Meaning of Christmas’
The California Air Resources Board has approved a $34.94 million incentives funding plan that will continue support ongoing efforts to increase access to medium- and heavy-duty zero-emission trucks, buses and equipment, with a focus on small businesses.
CARB Incentive Plan Focuses on Fleets for Small Businesses
Preparing to decorate for the holidays? If you come across broken string lights that are no longer usable, instead of tossing in the trash you can now drop them off for recycling at one of the SAFE collection centers
Recycle Broken Holiday Lights at SAFE Collection Centers
The nonprofit Raising the Curtain Foundation will host a fundraising event, "Holidayland" with mid-century pop culture expert Charles Phoenix, on Sunday, Dec. 8 at 3 p.m.
Dec. 8: ‘Charles Phoenix Holidayland’ at Newhall Family Theatre
The Santa Clarita City Council will hold its regular meeting Tuesday, Nov. 26, beginning with a special closed meeting at 5 p.m., followed immediately with open session at 6 p.m.
Nov. 26: City Council Meets to Discuss Contracts, Open Space Naming
The American Cancer Society Relay for Life of Santa Clarita Valley will present its holiday boutique fundraiser, 10 a.m.-3 p.m. Saturday, Nov. 23, at Santa Clarita United Methodist Church, 26640 Bouquet Canyon Road, Santa Clarita, CA 91350.
Nov. 23: ACS Relay for Life SCV Holiday Boutique
California State Parks Office of Historic Preservation has announced it will begin accepting applications for the State Historic Rehabilitation Tax Credit Program at 8 a.m. on Jan. 6, 2025.
State Historic Rehabilitation Tax Credit Program Launch
1843 - Rancho Castec (Lebec-Tejon area) granted to French immigrant Jose Covarrubias [story]
Rancho Castec diseno map
Due to construction and weather delays, the closure of the exercise staircase at Central Park, 27150 Bouquet Canyon Road, Santa Clarita, CA 91350, will be extended through Nov. 28.
Central Park Exercise Staircase Closure Extended Thru Nov. 28
Santa Clarita Ballet's 30th anniversary production of "The Nutcracker" will perform, Saturday and Sunday, Dec. 14-15 at the Santa Clarita Performing Arts Center, 26455 Rockwell Canyon Road, Santa Clarita, CA 91355.
Dec. 14-15: Santa Clarita Ballet’s ‘The Nutcracker’
Registration is underway for the College of the Canyons winter 2025 session, which boasts more than 300 class sections.
COC Winter 2025 Registration Underway
Christmas came early for The Master's University Men's Basketball Head Coach Kelvin Starr.
TMU Men’s Basketball Knocks Off No. 2, Starr Sees 300th Win
Theatre in a Week and Off Book Theatre is back with its holiday one act comedy "Holiday Hijinx" Friday, Dec. 13- Sunday, Dec. 15 at The MAIN in Old Town Newhall.
Dec. 13-15: ‘Holiday Hijinx’ Presented by Theatre in a Week, Off Book Theatre
The Santa Clarita Master Chorale presents its Silver Bell Jubilee concert Sunday, Dec. 8, 4 p.m. at Santa Clarita Performing Arts Center, 26455 Rockwell Canyon Road, Santa Clarita, CA 91355.
Dec. 8:  Santa Clarita Master Chorale Presents Silver Bell Jubilee
The holiday season is just around the corner and it’s one of the most magical times of the year.
Mayor Cameron Smyth | Experience Holiday Cheer on the Tracks
Celebrate this special time of year with the 29th annual Winter Magic Lighted Boat Parade and holiday event Saturday, Dec. 7 at Castaic Lake, Lower Lagoon.
Dec. 7: The 29th Annual Winter Magic Lighted Boat Parade
1967 - Local voters approve formation of community college and elect COC's first five-member board - Dr. William G. Bonelli Jr., Bruce Fortine, Sheila Dyer, Peter Huntsinger, Edward Muhl [story]
COC board
You can make a difference in a child or teen’s life this holiday season through the Boys and Girls Club of the Santa Clarita Valley. You can volunteer at a club holiday event, host a toy drive, sponsor a club family or make a donation.
Hope for the Holidays with Boys & Girls Club of SCV
Art, in whatever the medium, can communicate so much. It can inspire imagination, exude peace and calm, or tell the world the stories of a community and a culture or connect on an extremely personal level.
Kalli Arte Collective to be CSUN’s First Orndorff Artist-in-Residence
The city of Santa Clarita invites community members to attend the unveiling of the newest inductees to the Walk of Western Stars.
Nov. 23: New Honorees Inducted into Walk of Western Stars
Supervisor Kathryn Barger commented on Attorney General Rob Bonta’s announcement that he is pursuing additional monitoring and strengthened protections for youth in Los Angeles County’s juvenile halls.
Barger on Protections for Youth in Juvenile Halls
SCVNews.com