Basic Rights

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed..." Amendment VI, Bill of Rights, U.S. Constitution

America was built upon a foundation of laws, and a system of enacting those laws. If someone breaks a law, we have a judicial system with a specific, proven way of meteing out justice. This system is crucial to our identity as a free, fair nation, a nation where even criminals-burglars, rapists, fraud artists, mass murderers-have some basic rights. Without respect for these rights, we are no better than any totalitarian or oppressive state. This difference is what makes America great.

Yet for some reason, over the past decade, some people have tried to circumvent this system in the name of "national security." The USA PATRIOT Act is the most blatant, and most well known, of these instances. In the PATRIOT Act, the Bush Administration approved the use of illegal methods such as warrantless wiretapping and illegitimate detainment of suspects. When criticized, the White House said they were "protecting us" and if you complained, you were unpatriotic, and probably a traitor. Yet, aren't things like wiretapping and detainment hallmarks of oppressive regimes? Those on the right rail against left-wing communists, and big government looking over your shoulder, yet support "Big Brother-"type programs and policies like the PATRIOT Act, something that would not seem out of place in Orwell's "1984."

Now, another issue along these lines has popped up in New York City. Last week, US Attorney General Eric Holder announced that the mastermind of the 9/11 attacks, Khaleed Sheik Mohammad, would be tried in a federal court in New York City. This immediately created an uproar in the Republican Party. Former New York City Mayor Rudy Giuliani told Fox News, "This seems to be an overconcern with the rights of terrorists and a lack of concern for the rights of the public." He called the trials an "unnecessary advantage to give to the terrorists" and a "security risk." I don't even know what to make of these comments. Disregarding the Bill of Rights is a good thing for the public? Last I checked, putting a terrorist on trial is not giving them an "advantage." And how would it be a security risk? Wouldn't compromising our system of laws be a victory for the terrorists? Just throwing them in prison wihtout a trial would be great propaganda for Al Qaeda. It's the same with Guantanomo Bay. Gitmo is Al Qaeda's single greatest recruiting tool. When talking about the "great American evil," they can simply point to Guantanamo as an example of the way America disregards other people's rights. Moving these detainees to Thomson, Illinois, which has volunteered to take them, would put all the negativism associated with Gitmo to rest.

People on the right claim holding and trying terrorists here creates security problems. Do they really have that little faith in our prisons, police, military, and courts? Illinois currently holds 35 prisoners classified as "terrorists" without any problems. And in 2006, the "20th hijacker," Zacarias Moussaoui, was prosecuted and convicted in a federal district court in Virginia, without any security problems. So what makes some think we can't do the same with Al Qaeda terrorists? Instead of a criminal court, Republicans want them tried in a military tribunal. This is unnecessary, however. These five terrorists are not on trial for military crimes. They are on trial for crimes committed in New York, Washington D.C., and rural Pennsylvania. If you strip away all the identifiers, 9/11 is easy to identify along criminal lines: a group of men commit mass murder by killing thousands simultaneously. There was no war going on, and it wasn't committed in a war zone. It's simple. This is how America's judicial system works. You don't just change it because you want to.

Let me make one final point. Besides being against legally and humanely holding prisoners, and giving them a quick and fair trial, some on the right are now advocating against a trial for Major Nidal Malik Hasan, the alleged shooter in the Fort Hood tragedy. I guess they want him jailed immediately, or executed without trial. My point is, they want to ignore our legal system in prosecuting him. Now, let me ask you something. Did those thirteen troops who died at Fort Hood, or the 5882 troops killed so far in Iraq and Afghanistan, or the 2976 people killed on 9/11, did all these people die so that we can set aside our laws and customs? Did they die so we can disregard civil liberties and human rights? Is it worth invalidating 8871 deaths for no reason? Because if we follow through on what the right is yelling incoherently for us to do, then they all died in vain. America must not compromise it's values. We must be a beacon of liberty and justice, even when it comes to terrorists. Without our laws, what are we? We must hold ourselves above the rest of the world. It's who we are.