Politics as Usual: Republicans Desperately Seek Outrage to be Relevant
By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair
U.S. Attorney General Eric Holder recently appeared before a U.S. Senate committee hearing to explain his decision to prosecute Khalid Sheikh Mohammed, and his four co-conspirators, in federal civilian court rather than let them be tried before a military commission under the 2009 Military Commissions Act. There were a number of sharp, biting exchanges between Holder and Republican senators, all of whom have joined ranks in a calculated political agenda to oppose the Obama administration not only on this decision but any decision it makes on any front.
Sen. Lindsay Graham, R-SC, vigorously questioned Holder about Osama bin Laden should he be captured. Would the self-proclaimed jihadist be considered a criminal terrorist or an ‘unprivileged belligerent” (previously known as “enemy combatants” under the 2006 Military Commissions Act)? As a criminal terrorist, bin Laden, of course, would enjoy the same constitutional protections as any criminal defendant, including right to remain silent, right to counsel, and right not to be tortured. Sen. Graham’s line of questioning indicated he would be shocked and appalled were the world’s most wanted terrorist be given such constitutional protections upon capture.
Sen. Graham has a short memory. It was a Republican-led Congress in 1996 that enacted (and was signed into law by then President Bill Clinton in April of that year) the Anti-Terrorism and Effective Death Penalty Act (AEDPA). This law was enacted primarily in response to the 1995 Oklahoma City and 1993 World Trade Center bombings. AEDPA was codified as 18 U.S.C. Sec. 2332b. This statute defines the term “Federal crime of terrorism” as an offense that “is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct.” ADEPA designated the following list of already prohibited crimes as acts of “terrorism”:
- 18 U.S.C. § 32 – destruction of aircraft or aircraft facilities
- 13 U.S.C. § 37 – violence at international airports
- 18 U.S.C. § 81 – arson within special maritime and territorial jurisdiction (more…)
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