Al Qaeda’s First Amendment Rights?

Even some military lawyers will argue anything on behalf of their clients, including senior al Qaeda terrorists. From the Miami Herald:

Pentagon defense lawyers this week appealed the war crimes conviction of Osama bin Laden’s media secretary at Guantánamo Bay, Cuba, on free speech grounds. They argued that filmmaker Ali Hamza al Bahlul of Yemen was denied several constitutional protections at his military commission trial, which found him guilty of three war crimes on Nov. 3. “Mr. al Bahlul is not a sympathetic defendant. He embraces an ideology that glorifies violence, justifies terrorism and opposes constitutional democracy,” said the 50-page appeal, filed Tuesday with the U.S. Court for Military Commission Review. “As offensive as it may be, [Bahlul’s film work] is speech that falls within the core protections of the First Amendment, which forbids the prosecution of `the thoughts, the beliefs, the ideals of the accused.’ ”

Last year, Bahlul was sentenced to life in prison by a military commission. There were good reasons for the sentence. Bahlul once ran al Qaeda’s media wing, As Sahab, and reported directly to Osama bin Laden. In that role, Bahlul was responsible for creating the al Qaeda propaganda film commemorating the attack on the USS Cole. That film was used to recruit new al Qaeda fighters, who in turn attack civilians the world over. This is, according to Bahlul’s military defense lawyers (whom Bahlul has refused to work with), a constitutionally protected right and even non-citizens like Bahlul deserve to enjoy it. What do you think the founding fathers would have to say about that?

Related Content