In
the aftermath of last week’s terrorist attack at the Boston Marathon, proponents
of treating suspect Dzhokhar Tsarnaev as an enemy combatant are rightfully
distraught over today’s White House announcement. Citing Tsarnaev’s United
States citizenship, Press Secretary Jay Carney released the decision to
prosecute him through the civilian system of justice after noting several
successful terrorist cases that have brought US citizens to justice since the
9/11 attacks.
Representative
Peter King was the first to call for labeling Tsarnaev as an enemy combatant citing
the potential intelligence the suspect might possess about future attacks. In
being tried as a US Citizen, Tsarnaev was read his Miranda Rights, which
includes the right to remain silent, leaving authorities with many unanswered
questions about his potential connections to terrorist groups. Proponents of
treating the suspect as an enemy combatant called on authorities to institute
the public safety exemption which would prevent the suspect from being read his
Miranda Rights.
Republican
Senator Lindsey Graham strongly criticized the Obama Administration for coming
to a decision prematurely in treating Tsarnaev as a civilian despite the potential
vital intelligence information he may possess. Graham also noted that while the
suspect would ultimately be tried in a court of law, “the last thing we should
do is limit our ability to gather intelligence.”
Senators
Graham, John McCain and Kelly Ayotte rationalized the designation by arguing
that Tsarnaev is not a “common criminal”. In a press release over the weekend,
the trio declared:
It is clear the
events we have seen over the past few days in Boston were an attempt to kill
American citizens and terrorize a major American city… The accused perpetrators
of these acts were not common criminals attempting to profit from a criminal
enterprise, but terrorists trying to injure, maim and kill innocent Americans.
Dzhokhar
Tsarnaev was charged with using a weapon of mass destruction that resulted in 3
civilian deaths and over 200 injuries in front of a federal magistrate judge.
His older brother Tamerlan Tsarnaev was killed in a shootout with police shortly
after he shot a Campus Safety Officer on the MIT campus in Boston.
The
White House is holding firm in their decision to try Tsarnaev as a civilian and
announced that the entire national security team was in agreement with this
assessment. Let’s hope they are not mistaken.
I certainly can see the standpoint that vital information might have been gained by declaring him an enemy combatant. There certainly are pros and cons to both sides here.
ReplyDeleteBut one thing that has troubled me is that pundits and bloggers have been discussing whether we should have read him his Miranda Rights and other basic services given to any arrested criminal. The Miranda Rights take effect for an American citizen (which he is) whether read or not. I too hope we didn't lose any valuable information, but look forward to a trial system that will be much more in the public eye than if he had been declared an enemy combatant.
I am troubled by the debate surrounding this case. The fact that he is an American citizen guarantees him those rights. And what is a guarantee if we can remove that when we decide the seriousness of the crime is so extreme. Who decides te seriousness of the crime? Who decides if someeone is an enemy combatant? Surely if I go out tonight and kill one of my neighbors I am inflicting terror on my community. why should I not be labeled an enemy combatant? Our Miranda rights are protected by law. We cannot just dismiss certain rights when the situation suits us, no matter how severe the situation is.
ReplyDeleteAmerica, does not fit most definitions of a nation: the people are not united by a similar ethnic background, common history, a single religion, or an overarching cultural background. I think this makes it difficult in determining someone as truly an American. However, under the Constitution we are all citizens of one nation and we are all guaranteed the same rights. I understand why it is difficult for some people to consider him a part of our nation but the fact is that he is just as much a citizen as anyone else is. If we do not honor his status as a citizen, we decay entire concept of being a citizen for everyone.
ReplyDeleteThank you for bringing up such an interesting debate. I personally believe that there should be credible and sufficient evidence against someone to consider them an unlawful enemy combatant. The problem is that at the time, the intelligence community did not have that kind of information against Tsarnaev. If the president just ignored this and declared him an enemy combatant anyway, that would set a precedent I don't believe our administration can afford. We must not forget as stated several times above that Tsarnaev is an American citizen who we can't just deprive of habeas corpus, it wouldn't serve us much purpose. Our purpose is to gather the necessary information from Tsarnaev that may assist us in preventing another attack against our national security. Whether he is an enemy combatant, the intelligence community has all the power to investigate.
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