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Dem senator opposes trying terrorists in civilian courts

By: Byron York
Chief Political Correspondent
11/13/09 1:27 PM EST

Virginia Democratic Sen. James Webb has just released a statement disagreeing with the president's decision to try 9/11 mastermind Khalid Sheikh Mohammed and other terrorists in civilian courts in the United States:

I have never disputed the constitutional authority of the President to convene Article III courts in cases of international terrorism. However, I remain very concerned about the wisdom of doing so. Those who have committed acts of international terrorism are enemy combatants, just as certainly as the Japanese pilots who killed thousands of Americans at Pearl Harbor. It will be disruptive, costly, and potentially counterproductive to try them as criminals in our civilian courts.

The precedent set by this decision deserves careful scrutiny as we consider proper venues for trying those now held at Guantanamo who were apprehended outside of this country for acts that occurred outside of the country. And we must be especially careful with any decisions to bring onto American soil any of those prisoners who remain a threat to our country but whose cases have been adjudged as inappropriate for trial at all. They do not belong in our country, they do not belong in our courts, and they do not belong in our prisons.

I have consistently argued that military commissions, with the additional procedural rules added by Congress and enacted by President Obama, are the most appropriate venue for trying individuals adjudged to be enemy combatants.

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Reader Comments

All comments on this page are subject to our Terms of Use and do not necessarily reflect the views of the Examiner or its staff. Comment box is limited to 250 words.

Concerned Citizen

Nov 13, 2009

Thank you Senator Webb for speaking out about this injustice.

kevtop351

Nov 13, 2009

I wonder who, in the justice department, will be assigned to prosecute these terrorist. Will Attorney Holder, deny career justice professionals the chance to prosecute, or will he hand that responsibility to some of his appointed, secret card carrying "ANTI CONSTITUTIONAL LAWER'S UNION." Only time will tell!

icecat

Nov 13, 2009

I have grave concerns about why they are doing this. Is it an intentional act to decry a confession under torture as inadmissable evidence and get it thrown out of court, blaming Bush. Holder and Obama are playing with fire, here.

navy dawg

Nov 13, 2009

Admirable for a (D), yes, but it sounds like a blue-dog C.Y.A reaction in after the Virgina gov. election fallout.

Nov 13, 2009

WOW A DEM! Finally a politician that makes sense. A thought Ron Paul was the only one...Nice to see Sen. Webb step up.

Nov 13, 2009

The court will probably declare a mistrial because the terrorists could not receive a fair trial in the city of their crimes and change the venue to San Francisco where they will be received as heroes. There is even hope for Webb who has been to say the least unstable.

Nov 13, 2009

Miami Dan

Nov 13, 2009

I agree with navy dawg. On the surface it's encouraging to see a Democrat politician say something that actually makes sense, but I suspect he's doing it more to help himself politically than out of any real sense of conviction.

Tommy Freedom

Nov 13, 2009

Yes it a new day, and a new insult to We the People, another hair-brain idea. The Show Trial in NY, whos on trial CIA, USA, Bush Admin, the spin will bring tears over the suffering of these poor terrorist who were forced to kill 3,000 people. dont forget we squirted water in their faces. We must trash the evil USA!! We know who is behind this.

Diane

Nov 13, 2009

Correct me if I'm wrong, but can't the Senate get together and demand this abomination be stopped? They need to demand the ideologues not get what they want here. This puts our intelligence work at risk and makes the country in danger, plain and simple. This is total insanity.
sign the letter @ thebravestdotcom

Diane

Nov 13, 2009

I meant *puts the country in danger. Typo.

LJ from Kansas

Nov 13, 2009

I can't believe my eyes. A democrat with Balls. A democrat that talks back to his fearless leader after he leaves the country because the going got a little rough because of stupid decisions. To bad the Balls are no bigger than a mustard seed.What is this country coming to????

Jag

Nov 13, 2009

Just another example of the Obama administration pissing on the Constitution for all to see. That Webb appears to have awaken from his slumber is encouraging.

ssquared

Nov 14, 2009

At least one level head in the Democrat Party.
Eric Holder, on the other hand, should be indicted as wall as committed. I don't care what order those event

1AngryRepublican

Nov 14, 2009

Doesn't anyone recall the Nuremberg Trials?
There is a reason why cases of this nature on done by the military. It will surely be the CIA and the Bush Administration on trial, and not Khalik Sheikh Mohammae.

swarn singh

Nov 14, 2009

Hey Sen Webb, while you are on concious awakening, will you please oppose the health care bill. That thing is also unconstitional and nation destroying tool of the libs. Thanks

USMC (Ret)

Nov 14, 2009

Navy Dawg - You nailed that one brother!CYA has always been the name of the game for this guy. Political winds are blowing....are you watching and listening Mr. Webb? A bit too little and a bit too late to be grandstanding as a concerned citizen. Perhaps you should consider a change in political parties.....oh wait, you already played that hand.....that round is already down range Marine!

jeff

Nov 15, 2009

Is it a good to put on trial leaders of an international terrorist organization in a civilian court? Is it a good idea to have a public trial with a 65 year old grandmother from Queens sitting in judgement of a highly armed and well connected group of terrorists who can exact revenge on jurors as well as judges and court personnel across national borders? I don't think that our civilian court system was ever designed to handle this type of case, especially considering the security risks. I think this is another example of the
Administration's narrow agenda coming into conflict with practical reality.

Hobart

Nov 15, 2009

What a terrible policy to bring international terrorists, POWs from the war on terror, into our nation to be tried as "civilians". What do you think their first legal moves will be? A move to dismiss all charges because the accused terrorists weren't granted their constitutional rights immediately after they were captured.

If these terrorists walk free because of Obama, we will need to put Obama on trial. Impeach him.

EvenNow

Nov 17, 2009

Holder claims they seek the death penalty for these terrorists. A little-known fact: in a military court, only the Commander in Chief, Hussein Obama, can sign the death warrant. Obama cannot bring himself to sign a death warrant on fellow Muslims -- that is the reason they are handing this to a civilian court.

Renfield

Nov 17, 2009

If Obama had been President on December 7, 1941, he would have ordered the Attorney General to prepare subpoenas for Tojo, Yamamoto, and Hirohito. Probably Admiral Kimmel, too.

Hey, has the Appeaser-in-Chief apologized for Hiroshima and Nagasaki yet?

willison

Dec 22, 2009

. I have always been curious about functionality in websites and, well, the world in general. I read this article with great interest. It does seem to me that the reason we comment is to speak our minds so why not have the comment field first? However, as others have pointed out, one gets used to the conventions regardless of reason.

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Dec 23, 2009

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Dem senator opposes trying terrorists in civilian courts

By: Byron York
Chief Political Correspondent
11/13/09 1:27 PM EST