There’s been a lot of overwrought reaction to Lindsey Graham’s suggestion that Dzhokhar Tsarnaev should be tried by military tribunal rather than under our criminal system.
For instance, there was this writer over at Forbes who moaned, “Why is it that those who spend an inordinate amount of time professing their dedication and fealty to the United States Constitution seem to always be among the first to toss our founding document out the window the moment it becomes inconvenient to their desires?”
Which is a grossly unfair mischaracterization of Lindsey Graham and what he said.
What did he say? The main ideas can be found in a series of Tweets starting Friday night, and continuing through this morning:
If captured, I hope Administration will at least consider holding the Boston suspect as enemy combatant for intelligence gathering purposes.
If the #Boston suspect has ties to overseas terror organizations he could be treasure trove of information.
The last thing we may want to do is read Boston suspect Miranda Rights telling him to “remain silent.”
The last thing we may want to do is read Boston suspect Miranda Rights telling him to “remain silent.”
The Obama Administration needs to be contemplating these issues and should not rush into a bad decision.
I appreciate the hard work and bravery of our law enforcement and intelligence communities. #Boston
Now that the suspect is in custody, the last thing I want is for him to remain silent. #Boston
It is vital he be questioned for intelligence gathering purposes about possible future plots. #Boston
We should be focused on preventing possible attacks over the coming hours and days. #Boston
The least of my worries is a criminal trial which will likely be held years from now. #Boston
The Law of War allows us to hold individual in this scenario as potential enemy combatant w/o Miranda warnings or appointment of counsel.
The goal is to gather intelligence and protect our nation which is under threat from radical Islam. #Boston
I hope the Obama Administration will seriously consider this option. #Boston
Just put out this statement with @SenJohnMcCain about #Boston suspect and #Miranda warning. http://www.facebook.com/USSenatorLindseyGraham …
It is clear events we have seen over the past few days in Boston were an attempt to kill American citizens & terrorize a major American city
The accused perpetrators of these acts were not common criminals attempting to profit from a criminal enterprise….
Under the Law of War we can hold #Boston suspect as a potential enemy combatant not entitled to Miranda warnings or appointment of counsel.
Just released this statement with @KellyAyotte @SenJohnMcCain and @RepPeteKing about Boston / enemy combatant.. https://www.facebook.com/USSenatorLindseyGraham …
American citizens who take up arms against our nation or collaborate with our enemies HAVE been held as enemy combatants.
The questioning of an enemy combatant for national security purposes has no limit on time or scope.
In a case like #Boston, it could take weeks to prepare the questions needed to be asked & months before intelligence gathering is completed.
An enemy combatant is entitled to a habeas hearing before a federal judge with appointment of a counsel. Usually, w/in 30 days of capture.
As to any future trial, if this suspect is an American citizen, he is NOT subject to military commission trial. #Boston
Under the Law of War, suspect must be humanely treated, consistent w/ the Detainee Treatment Act, domestic law, and the Geneva Conventions.
A decision to NOT read Miranda rights to the suspect was sound and in our national security interests.
I could care less about the trial – a first year law student could do this trial – I want to gather intelligence. http://www.mediaite.com/tv/lindsey-graham-on-bombing-suspect-take-up-arms-against-america-and-you-can-be-killed-or-captured/ …
Graham spoke with @foxandfriends earlier this morning about enemy combatant status for Boston suspect.
http://www.iqmediacorp.com/ClipPlayer/default.aspx?ClipID=2cc05f9e-32ee-4024-b64c-c9941c890f05&PN=bt9sZFac%2bKA%3d …
The reason you see some repetition in those Tweets is that Graham was responding to comments by others, and reiterating points.
As it happened, so far Graham’s wishes have been followed — the prisoner has not been Mirandized, and apparently has been interrogated to the extent that his wounds (he was shot in the throat) will allow. It is not necessary to consider him an “enemy combatant” to withhold the Miranda warnings, under the public safety exemption — in other words, to gather the intelligence that Sen. Graham values.
As to his being considered an “enemy combatant” — well that’s a war of words that Republicans have been carrying on with Democrats for 12 years now. Republicans prefer the rules of war; Democrats prefer to treat terrorism as a cops-and-robbers thing.
This case seems to be to dwell in sort of a twilight area — and arguments to treat it as war and as crime both seem to have some legitimacy.
Tsarnaev — the one who still lives — is a citizen. And not a citizen off in Yemen somewhere working with al Qaeda, whom President Obama might kill with a drone (just to help us remember that Democrats, too, have gone far beyond the bounds of due process in pursuing what can only be called a war — else there’s no justification for such actions). He’s a citizen who went bad like the Columbine killers.
His brother’s recent fascination with radical Islamism does suggest something that fits within the “War on Terror,” but I think we need to see more evidence that these attacks were somehow coordinated with a hostile foreign organization before we consider this something other than a mass murder. Perhaps such evidence will emerge.
When he is criminally prosecuted on state and federal charges, I wonder if there will be a charge — along with multiple counts of murder and many more of attempted murder — having to do with bringing Boston to a halt? I wonder what that cost, in terms of lost economic activity. This is on my mind after reading about the guy who we are told ran off naked on acid, and all the resources devoted to trying to find him. How much more did the Tsarnaev brothers cost the city, state and federal governments, plus untold thousands of businesses?
But I digress. By the way, while I was traveling over the weekend — driving to Memphis and back for a wedding — Bryan Caskey already did a post on this subject, which you might want to check out.