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
May 7
1861 - Andres Pico and partners granted state franchise to build toll road and cut 50-foot-deep cleft through (Newhall) Pass; they failed; Beale later succeeded [story]
Andres Pico


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
Monday, May 6, 2024
Warmer weather, longer days and the sound of baseball is officially back!
Monday, May 6, 2024
In an effort to bolster local businesses, Los Angeles County just launched the Entertainment Business Interruption Fund, a $4.1 million grant program aimed to serve businesses that were impacted by the Hollywood strikes and the pandemic.
Monday, May 6, 2024
As a City dedicated to inclusivity and community, we aim to create world-class events to bring our residents together.
Thursday, May 2, 2024
As we kick off the new month, I am proud to reflect on the incredible growth and achievements we've witnessed over the past four months.
Thursday, May 2, 2024
With spring in full effect, now is the best time to hit the trails and enjoy the natural scenery of Santa Clarita.
Wednesday, May 1, 2024
Imagine a day where barriers dissolve and possibilities unfold, a day dedicated to celebrating diversity and fostering inclusivity.

Latest Additions to SCVNews.com
1861 - Andres Pico and partners granted state franchise to build toll road and cut 50-foot-deep cleft through (Newhall) Pass; they failed; Beale later succeeded [story]
Andres Pico
Gilbert, Arizona's Leah Burke has signed her National Letter of Intent to play soccer at The Master's University.
Lady Mustangs Add Leah Burke to Soccer Roster
CEDAR RAPIDS, Iowa  - The Master's University struggled against a high-energy Georgetown (KY) Tigers squad, losing in straight sets 23-25, 18-25, 20-25 in the championship match of the 2024 National Association of Intercollegiate Athletics Men's Volleyball Championships.
Mustangs Drop NAIA Championship Game
College of the Canyons student-athletes Nichole Muro (softball) and Owen Crockett (men's golf) have been named the COC Athletic Department's Women's and Men's Student-Athletes of the Week for the period running April 29 to May 4.
COC Names Nichole Muro, Owen Crockett Athletes of the Week
Step into the Heart of 1970s Texas at The MAIN as Front Row Center presents, "Lone Star, Laundry, and Bourbon."
‘Lone Star, Laundry, and Bourbon’ Coming to The MAIN
Warmer weather, longer days and the sound of baseball is officially back!
Ken Striplin | Santa Clarita Dodger Day Celebrates 45 Years
Mental Health Hookup, in partnership with Henry Mayo Newhall Hospital, will conduct the third annual Stop the Stigma community event on May 18, from 10 a.m. to  2 p.m., on the Henry Mayo Newhall Hospital campus, located at 23803 McBean Parkway in Valencia.
May 18: Stop the Stigma Community Event
California State University, Northridge is set to open a first of its kind resource center in the CSU system to provide basic needs services such as food, clothing and wellness in a centralized location on campus.
CSUN Set to Open First of Its Kind Student Resource Center
The city of Santa Clarita’s Film Office released the list of three productions currently filming in the Santa Clarita Valley for the week of Monday, May 6 - Sunday, May 12.
Three Productions Filming in Santa Clarita
In an effort to bolster local businesses, Los Angeles County just launched the Entertainment Business Interruption Fund, a $4.1 million grant program aimed to serve businesses that were impacted by the Hollywood strikes and the pandemic.
Kathryn Barger | Bolstering Entertainment Businesses
The city of Santa Clarita is excited to announce the upcoming exhibition, “From the Sweet Flypaper of Life,” featuring the remarkable works of high school students enrolled in the CalArts Community Arts Partnership (CAP) Photography Lab Program.
City Announces ‘From the Sweet Flypaper of Life’ Exhibit
Zonta Club of Santa Clarita Valley will host a free workshop to provide a recap of previous workshops beginning Nov. 18, 2023 through May 18, 2024 and a review of tools learned and how to continue to build on connected relationships.
May 18: Zonta SCV to Recap Previous LifeForward Workshops
As a City dedicated to inclusivity and community, we aim to create world-class events to bring our residents together.
Bill Miranda | Free To Be Me Celebrates Inclusivity
During Motorcycle Safety Awareness Month in May, the Los Angeles County Sheriff’s Department would like to remind drivers to always look twice for motorcycles.
LASD Highlighting Motorcycle Awareness Month
1971 - Fort Tejon added to National Register of Historic Places [story]
Fort Tejon
Dale Donohoe and Kim Kurowski were named the Santa Clarita Valley's top volunteers of the year at the 2024 SCV Man and Woman of the Year dinner celebration held Friday, May 3 at the Hyatt Regency Valencia. The event also honored all of the 17 men and 17 woman nominated for the award.
Donohoe, Kurowski Named 2024 SCV Man, Woman of the Year
1828 - Soledad Canyon settler John Lang born in Herkimer County, N.Y. [story]
Lang
1903 - President Teddy Roosevelt visits Gov. Henry Gage at Acton Hotel [story]
Acton Hotel
The regular meeting of the Saugus Union School District Governing Board will take place Tuesday, May 7, with closed session beginning at 5:30 p.m., followed immediately by public session at 6:30 p.m.
May 7: Regular Meeting of the Saugus School Board
The city of Santa Clarita Arts Commission is holding its regular meeting in City Hall's Council Chambers Thursday, May 9 at 6 p.m. The meeting will be held at Santa Clarita City Hall, 23920 Valencia Blvd., Valencia, CA 91355.
May 9: Arts Commission to Hear Updates on Civic Art Projects
Experience the Butterfly Encounter at Gilchrist Farm open now on weekends thorugh Sunday, June 18. Walk through a tent of beautiful flowers hosting live butterflies that fly freely throughout the tent.
Experience the Butterfly Encounter at Gilchrist Farm
The Santa Clarita Community College District Board of Trustees will hold a business meeting Wednesday, May 8, beginning at 5 p.m. The board will first meet in closed session at 4:15 p.m.
May 8: COC Board Business Meeting Considers Contracts
The Castaic Union School District Governing Board will hold its regular meeting Thursday, May 8, at 6 p.m. A closed session will be held at 5:30 p.m.
May 8: Castaic Union School Board Regular Meeting
Fire Service Day Open House will be held at all County of Los Angeles Fire Department fire stations on Saturday, May 4 from 10 a.m. to 5 p.m.
May 4: LACoFD Hosts Countywide Open House at All Fire Stations
SCVNews.com