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Terror antics belong at Gitmo

by Daily Inter Lake
| May 13, 2012 6:45 AM

If anyone ever doubted the wisdom of not holding civilian trials for Khalid Sheikh Mohammed and four other al-Qaida terrorists in New York City, you can stop doubting now.

 The proof was there for everyone to see in the circus-like defense tactics used at an arraignment before a military tribunal at the Guantanamo Bay Naval Station last week.

It’s still hard to understand why Attorney General Eric Holder initially insisted on trying the five in New York, affording them full constitutional privileges in what would have been a protracted, expensive, media blitzed spectacle accompanied by huge security concerns. But Holder ran into a buzz saw of opposition, and under duress, conceded to the men going before a military tribunal at Gitmo.

There were predictions that the defense teams would put the U.S. government on trial in New York, and judging from last week’s hearing, that still appears to be the case. But by having the men before a military tribunal, the U.S. has not conceded red-carpet treatment to KSM, the accused mastermind of the 9-11 attacks that killed 3,000 people on U.S. soil, and his cohorts. Let them be as disruptive as they wish — but as far away from the spotlight as possible.

Disruptive they have been. One defendant actually had to be brought into the courtroom shackled to a chair because he refused to enter voluntarily. Then, the proceeding began with the defendants ignoring the military judge and refusing to listen to Arabic translations of what was being said through headphones. So the judge ordered that the translation be amplified through courtroom speakers.

That caused one defense lawyer, wearing the garb of observant Muslim women, to complain about how remarks in English being followed by Arabic translations were being garbled. She also requested that women on the prosecution team should wear attire similar to hers so that the defendants would not be offended.

At one point, a defendant dropped to his knees to pray on a rug as the hearing continued.

When it appeared that the hearing would end at about 6:30 p.m., some of the defendants invoked their right to have the entire 87-page charging document read aloud. It ended up taking 2 1/2 hours and the all-day hearing didn’t adjourn until 10:25 p.m.

If that’s how it’s going to be with a supposedly no-nonsense military tribunal, just imagine how it would have been in New York City. It would have been a disgraceful disaster.