Can US Courts Fight International Terrorism and Win?
Traditional wars evolve from disputes among nation states. But international terrorism is a guerilla Muslim tactic, committed by a supremacist “religion” that knows no borders. The ethereal “fanatical Islam” has formally declared war on the US. Granted, it comes in the form of the traditional “convert to Islam or die,” but that’s par for the past 1,600 years of Islam.
Nine-eleven caused everyone to take a serious second look at threats that had been gathering for a while, and enemies whose plans were getting bolder and more sophisticated. Throughout the 90s, America had responded to these attacks, if at all, on an ad hoc basis. The first attack on the World Trade Center was treated as a law enforcement problem, with everything handled after the fact – crime scene, arrests, indictments, convictions, prison sentences, case closed.
But our legal system is a reactive process, not proactive. The courts cannot prosecute a crime that isn’t committed.
This is one point on which Obama’s logic regarding “rule of law” fails. In order to keep the US safe from Islamic supremacists (sorry for the redundancy), the US intelligence community must necessarily be proactive, and so must our troops.
A second point is a presumption on Obama’s part that international terrorists, operating outside the jurisdiction of the United States, can somehow be held accountable to US law. (Forgive him if he wants to subject US courts to enforcing international law. That’s another topic). This presumption is apparent from his demand to close Gitmo, as if there’s some US law we can use to hold terrorists on US soil when the terrorist has never set foot on US soil, and has been captured afield demonizing our troops.
The US is already beset by Islamist lawfare — part of the arsenal of the Stealth Jihad.
I, for one, do not believe our Commander in Chief truly understands the threat and battle tactics of Islamists. Not if he considers lawyers and courts his front line army for the detainees in Guantanamo Bay.