Dan Abrams
CIA: guardian of terrorists
http://www.NewsAndOpinion.com | The Central Intelligence Agency and their new stand on keeping a watchful eye on terrorists is no surprise. Though, the CIA says it may have to back off its role as guardian of some of the world's most dangerous terrorists.
Three-dozen terrorists are being kept in secret prisons around the world. Now, the nations' top intelligence officers are reportedly afraid their legal authority to keep these individuals at bay is on shaky ground. A former lawyer in the CIA General Counsel's office recently told the New Yorker magazine he "doesn't think anyone's thought through what we do with these people."
There's absolutely no precedent here, but trying to turn global terrorists into your run-of-the-mill criminal defendants isn't going to work. Here is the problem: The U.S. legal system doesn't have a playbook for dealing with these guys and anytime special accommodations are considered, civil rights groups howl.
Individuals like Ramzi bin al-Shibh and Khalid Sheikh Mohammed who planned the 9/11 attacks are so dangerous and know so much about Al Qaeda that just sticking them into the legal system or even the military justice system would be both dangerous and counterproductive.
But the U.S. Supreme Court has made it clear that all detainees at Guantanamo Bay have a legal right to attorneys and a hearing.
Zacaria Moussaoui, allegedly in cahoots with the 9/11 hijackers, is being tried in a civilian court. The judge has ruled that he's entitled to access to intelligence information and witnesses. After three years of frustrating delays, it's becoming increasingly clear that Moussaoui probably should not have been tried in a civilian court. It seems a military tribunal would have been better, considering the rules are not quite as protective of defendants.
As we decide what to do with these so-called ghost detainees, who today remain in various interrogation rooms around the world, let's remember the lesson of the Moussaoui case. Let us also keep in mind that these terrorists intentionally tried to prey on the weaknesses in our system. So, let's not let those weaknesses offer the terrorists a technical sword to use as the final weapon against this country.
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JWR contributor Dan Abrams anchors “The Abrams Report,” Monday through Friday from 9-10 p.m. ET on MSNBC TV. He also covers legal stories for “NBC Nightly News with Tom Brokaw,” “Today” and “Dateline NBC.” To visit his website, click here. Comment by clicking here.
