...a Somali man accused of having ties to two terrorist groups — who was secretly interrogated for months aboard a U.S. Navy ship — will be prosecuted in civilian court in New York by the Justice Department, the Obama administration said... The indictment, unsealed in the Southern District of New York, charged Ahmed Abdulkadir Warsame with nine counts related to supporting Al Qaeda in Yemen and the Shabab in Somalia terror groups — but the White House didn’t reveal his capture until after he had already been brought onto American soil... [Source]
This suspected terrorist, Ahmed Abdulkadir Warsame, should be tried at Guantanamo Bay, Cuba, as an illegal enemy combatant, following the Geneva Convention's clear instruction on the manner in which individuals accused of such actions against the United States are to be prosecuted.
The fact that President Obama continues to ignore the Authorization for Use of Military Force(AUMF) law, and the will of the American people, when it comes to this issue is unacceptable.This suspect is accused of supplying weapons, money and training to Al qaeda in the Arabian Peninsula (AQAP), a known enemy of the United States. We are fighting on a 21st Century Battlefield against a non-state, non-uniform belligerent enemy who has no regard for international borders or boundaries, and therefore does not deserve constitutional rights as would ordinary criminals. The laws are clear about this.
Further, it is unacceptable that the Obama administration notified Congress only after it unilaterally transferred this detainee to New York City despite multiple requests for consultation.
I visited Guantanamo Bay in March, and witnessed a state of the art courtroom, built for these very kinds of cases, that continues to sit empty and unused. I want to know why this administration believes a civilian court is better suited for prosecuting enemy hostile terrorist actions, instead of a military tribunal system. Bringing Warsame to the states, giving him representation and clogging up American courts is a waste of taxpayer resources and sends a confusing message to Americans, as well as our enemies.
To be fair, waging a war as if it were a criminal affair makes about as much sense as anything else Obama and Holder have done -- so I can't say I'm surprised by this particular debacle.
2 comments:
This will be a real short trial.
Defendant's Attorney: Tell me. Did this alleged crime occur within the boundaries of the United States?
Prosecution Witness: Nooo.
Defendant's Attorney: You honor, I move to dismiss charges.
Judge: Case dismissed.
It does not say such thing anywhere in the Geneva Conventions. In fact the Geneva Conventions govern the laws and customs of war. Since the US is neither in an international nor non-international armed conflict with Somalia or a Somali non-state actor acts of terrorism a subject to means and methods of law enforcement and a national criminal law. Advocating to try alleged terrorists in the grey zone of GTMO which has no basis legal basis international nor national law is treat to fundamental principles of human right, like the right to a fair trail and Article 9 of the ICCPR: "No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.". The rule of law should be obeyed at all times!
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