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Civilian court
Innocent until...
There was a time when an elementary school child could complete the phrase above: Innocent until proved guilty. That time is long past, in great part, because today almost everyone accused of anything is presumed guilty. There are a number of contributing factors--crime dramas such as the long-running "Law and Order" being one of them. I confess that I am a fan of the original show. Still, I am keenly aware that many of the episodes were designed to commit the viewer to a presumption in favor of guilt. The prosecution did not always win, but when it did not, the viewer was manipulated into feeling that somehow there had been a miscarriage of justice and that the guilty had gone free.
The 24 hour news cycle has also contributed to the flip of the presumption principle. In a rush to scoop other networks and to cement the attention of the viewer, cable news, in particular, frequently and irrationally condemns and convicts persons accused of crime, leaving little or no room for the finding of fact. This finding of fact is what a public trial is supposed to be about, but cable news has become its own courtroom. When the jury pool is comprised of people who have already convicted the accused, how fair or just is justice?
A third, and even more insidious, factor originates in the halls of government. Ever since 9/11 various branches of the government have played on the nation's fear. No one wants to see planes hijacked, buildings blown up and innocent civilians killed. Terrorism strikes fear in the hearts of all. But should we also allow terrorism to strike paralysis in the mind? Our justice system is designed to protect the rights of all, the victim and the accused. When the pursuit of justice is slanted in either direction, the scales become unbalanced. When it is driven by fear, the collective mind becomes unhinged.
This past Wednesday, November 17, the first Guantánamo detainee to be tried in a civilian court was acquitted on 284 of 285 counts of conspiracy and murder. Ahmed Khalfan Ghailani was not involved in the 9/11 attacks. He was accused of participating the 1998 bombings of United States embassies in Kenya and Tanzania--bombings in which 224 people were killed. Captured in Pakistan in 2004, Ghailani was held for nearly five years in a "black site" run by the CIA--far away from the peering and pesky eyes of U.S. justice--and then at Guantánamo.
Immediately following the verdict, pundits and politicians began parsing the trial and condemning the Obama Administration for proceeding in a civilian court instead of a military tribunal. It is much easier to admit illicitly obtained evidence in military courts. And, after all, everyone knows that Ghailani is guilty. Right?
Whoa! Back up a bit. Many, if not most, of those who are condemning the Obama Administration's decision are not at all interested in truth or justice. They are merely provocateurs seeking to capitalize on the fear of the American people. Even my friend David Kelsey over at Examiner.com got into the act with an article that was more inciting than informative. These critics seem to forget that there have been other civilian trials of suspected terrorists that have resulted in guilty verdicts.
In this latest trial could the unthinkable be true? Could Ghailani actually be innocent? Or on a darker note, could the unspeakable be true? Could U.S. agents actually be engaging in illegal torture to elicit information that they have already deemed as fact? This was the real problem with the evidence against Ghailani--much of it was obtained illegally and so was excluded from trial. There is a reason that not even the government is supposed to be above the law. The integrity of the justice system must be maintained at all cost. At this point I have to wonder if the Administration's critics are not simply driven by some kind of self-serving limelighting.
It is not extreme to suggest that the country itself is at stake in these proceedings, and not because terrorists might be set free. The U.S. Constitution is a remarkable document that stands as a model and example for all. If its guarantees are restricted only to U.S. citizens, it becomes capricious and arrogant and our moral standing in the world is diminished.
The concept that a person is innocent until proved guilty is not uniquely American. It is foundational law in many countries including Canada, England, France, Brazil and Russia. It is also enshrined in the United Nations' Universal Declaration of Human Rights. Although the United Kingdom and the United States have chipped away at the presumption of innocence, it must remain a bulwark in our legal system, regardless of what various commentators might suggest.
The Bush Administration led the American public into a legal tunnel. Unlike the carnival, however, this tunnel was not filled with artificial amusement. It held real dangers and it did not exit to the lights and thrills of the amusement park.
Rather than being pilloried by the press and other right-wing critics, the Obama Administration should be heralded for having the moral integrity to restore justice to its rightful place in the fight against terror. As a country we must have faith in our Constitution and the courage of our convictions. In the end, the loss of truth and freedom is greater than the loss of life.
The 24 hour news cycle has also contributed to the flip of the presumption principle. In a rush to scoop other networks and to cement the attention of the viewer, cable news, in particular, frequently and irrationally condemns and convicts persons accused of crime, leaving little or no room for the finding of fact. This finding of fact is what a public trial is supposed to be about, but cable news has become its own courtroom. When the jury pool is comprised of people who have already convicted the accused, how fair or just is justice?
A third, and even more insidious, factor originates in the halls of government. Ever since 9/11 various branches of the government have played on the nation's fear. No one wants to see planes hijacked, buildings blown up and innocent civilians killed. Terrorism strikes fear in the hearts of all. But should we also allow terrorism to strike paralysis in the mind? Our justice system is designed to protect the rights of all, the victim and the accused. When the pursuit of justice is slanted in either direction, the scales become unbalanced. When it is driven by fear, the collective mind becomes unhinged.
This past Wednesday, November 17, the first Guantánamo detainee to be tried in a civilian court was acquitted on 284 of 285 counts of conspiracy and murder. Ahmed Khalfan Ghailani was not involved in the 9/11 attacks. He was accused of participating the 1998 bombings of United States embassies in Kenya and Tanzania--bombings in which 224 people were killed. Captured in Pakistan in 2004, Ghailani was held for nearly five years in a "black site" run by the CIA--far away from the peering and pesky eyes of U.S. justice--and then at Guantánamo.
Immediately following the verdict, pundits and politicians began parsing the trial and condemning the Obama Administration for proceeding in a civilian court instead of a military tribunal. It is much easier to admit illicitly obtained evidence in military courts. And, after all, everyone knows that Ghailani is guilty. Right?
Whoa! Back up a bit. Many, if not most, of those who are condemning the Obama Administration's decision are not at all interested in truth or justice. They are merely provocateurs seeking to capitalize on the fear of the American people. Even my friend David Kelsey over at Examiner.com got into the act with an article that was more inciting than informative. These critics seem to forget that there have been other civilian trials of suspected terrorists that have resulted in guilty verdicts.
In this latest trial could the unthinkable be true? Could Ghailani actually be innocent? Or on a darker note, could the unspeakable be true? Could U.S. agents actually be engaging in illegal torture to elicit information that they have already deemed as fact? This was the real problem with the evidence against Ghailani--much of it was obtained illegally and so was excluded from trial. There is a reason that not even the government is supposed to be above the law. The integrity of the justice system must be maintained at all cost. At this point I have to wonder if the Administration's critics are not simply driven by some kind of self-serving limelighting.
It is not extreme to suggest that the country itself is at stake in these proceedings, and not because terrorists might be set free. The U.S. Constitution is a remarkable document that stands as a model and example for all. If its guarantees are restricted only to U.S. citizens, it becomes capricious and arrogant and our moral standing in the world is diminished.
The concept that a person is innocent until proved guilty is not uniquely American. It is foundational law in many countries including Canada, England, France, Brazil and Russia. It is also enshrined in the United Nations' Universal Declaration of Human Rights. Although the United Kingdom and the United States have chipped away at the presumption of innocence, it must remain a bulwark in our legal system, regardless of what various commentators might suggest.
The Bush Administration led the American public into a legal tunnel. Unlike the carnival, however, this tunnel was not filled with artificial amusement. It held real dangers and it did not exit to the lights and thrills of the amusement park.
Rather than being pilloried by the press and other right-wing critics, the Obama Administration should be heralded for having the moral integrity to restore justice to its rightful place in the fight against terror. As a country we must have faith in our Constitution and the courage of our convictions. In the end, the loss of truth and freedom is greater than the loss of life.