They are NOT Criminals
Enemy combatants most certainly do NOT deserve the protection of the US Constitution in judicial proceedings to “deliver justice” for their crimes. The psychotic psychiatrist, the angry convert in Little Rock, and the 9/11 jihadists were, certainly in their minds, committing acts of war. There is NO reason, and there is no sense in giving them the privilege of a trial including all of the constitutional protections that come with it.
The failure of Barack Obama to recognize the distinction is a monumental shortcoming. Whether it is naivety or whether it is part of his “fundamentally changing America” from the country he is endlessly apologizing for doesn’t matter. The damage is the same. Barack Obama has no appreciation for, no knowledge of, and absolutely no respect for the Profession of Arms. (The same might also be said of his position on our Intelligence services… which he seems to see as a political arm of the Executive Branch).
Simply put, Barack Obama is doing great harm to our National Security. I’m encouraged to see that James Webb is also critical of the decision, though not as completely critical as I am. This from Senator Webb’s web site:
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.