Bob Barr: Dismissing Justice System 'Clear and Present Danger' Posted by Jacob Stokes

This morning, former Libertarian presidential candidate and former federal prosecutor Bob Barr wrote a scathing indictment of those who advocate for using military trials and suspending Miranda rights for terrorism suspects. Here are the key arguments:

Such a dismissive attitude toward our system of justice, presents a clear and present danger to our nation; a threat every bit as serious as are the acts of persons currently facing terrorism charges.

To be sure, the Christmas Eve underwear bomber and the more recent Times Square bomber posed serious threats to innocent American citizens.  While neither of these men could rightly be classified as “Brainiacs,” had they succeeded in their endeavors many lives would have been lost.  We must take their actions, and actions by others similarly motivated to do great harm, seriously.  But we should not – and need not – cavalierly discard the fundamental underpinnings of our system of justice as part of a Faustian bargain.

Acts such as those by the underwear and Times Square bombers took place within the United States; the alleged acts clearly fell within the compendium of American law.  They did not occur in some land far away or on a foreign battlefield.  Whether we like it or not, the Times Square bomber is an American citizen.  Detaining and prosecuting individuals such as these in accord with well-established and constitutionally-based laws and procedures is not just the right choice, it’s the only choice.

Military commissions, the new darling of the neo-conservatives clamoring for indefinite detention of terrorism suspects, for example, have no jurisdiction to try Americans; nor should they.   Employing mechanisms such as indefinite detention and “enhanced interrogation techniques” may rouse patriotic fervor and slake the thirst for revenge; but they risk having eventual convictions overturned.  More important, such actions move us down that slippery slope at whose end is the very society our Constitution was designed to guard against.

Strong words from the rare conservative who hasn’t come out in favor of simply shredding the constitution as soon as any terrorism suspect gets apprehended.

This on the heels of an announcement over the weekend by Attorney General Eric Holder that the Obama administration supports an exception, in cases dealing with terrorism, to Miranda laws requiring suspects to be informed of their rights. Virginia Sloan of the Constitution Project had a sober, pragmatic take on new policy. From the NYT: “It makes good political theater,” Sloan said, “but we need to have a clear problem that we are addressing and a clear justification for any change. I haven’t seen that yet."

Sloan, like Barr, sets a high standard -- one we shouldn’t diverge from.

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