Barack Obama’s foreign policy advisers said Tuesday that Osama bin Laden, if captured, should be allowed to appeal his case to U.S. civilian courts, a privilege opposed by John McCain.
Responding to questions from The Examiner, Sen. John Kerry and former White House counterterrorism czar Richard Clarke said bin Laden would benefit from last week’s Supreme Court decision giving terrorism suspects habeas corpus, the right to appeal their military detention to civilian courts.
“If he were to be brought back,” Clarke said of bin Laden, “the Supreme Court ruling holds on the right of habeas corpus.”***
Randy Scheunemann, McCain’s senior foreign policy adviser, said those rights should not be extended to bin Laden or the hundreds of terrorism suspects being held by the U.S. military at Guantanamo Bay in Cuba.
“The individuals we hold at Guantanamo are very, very dangerous people,” Scheunemann said. “To give them full access to the federal courts and the criminal justice system is fraught with danger, moving forward, and likely to make America less safe, unlike Senator Obama’s claim of supporting the decision that it made America safer.”
Hey Randy- sure would be nice if Osama was captured before we worry about trying him don’t ya think? And why do these guys assume that habeas automatically assumes the imprisoned party will win the appeal?
See also, this.
*** Update ***
Best comment on the topic:
So the guys that railroaded an innocent Democratic governor don’t think they could win a case against Bin Laden?
Can’t these people ever say something credible?
*** Update #2 ***
I guess not a single person in the Justice Department has ever figured out how they’re going to try Osama bin Laden. I know it’s a complex case involving some difficult-to-pronounce syllables and maybe even some maps with even more difficult names, but are we really unprepared for a Habeas response regarding Osama Freakin’ bin Laden?
I could put two inmate lawyers in a room with a copy of an old pirate novel, a pencil, and twelve sheets of paper and they could come up with a bullet-proof response in five or six hours, depending on their rec and visitation schedules.