NY Times Letter, 11/15/2009: Re: Giuliani Criticizes Terror Trials in New York

Despite the concerns of Giuliani about holding the trial of Khalid Shaikh Mohammed in New York, the real problem is that it will cast American jurisprudence in a negative light. The principle at the bedrock of our legal system is that the accused is presumed innocent and that the apprehension, interrogation, admissibility of evidence, discovery, and trial all follow a pattern in order to to be consistent with that principle. The fact KSM was kidnapped from his home in Pakistan, taken to various hidden jails throughout Europe, water-boarded, etc., does not follow the legal principles of our system, nor international law. To hold a criminal trial with that backdrop is absurd.

KSM is a prisoner of war (on terror), and our country's conduct was to be expected with what may occur during war time, excepting for not adhering to the Geneva convention (protecting our service personnel along with those we detain.) If there are war crimes, then a war crimes tribunal needs to be held, otherwise, KSM should be treated as a prisoner of war, with his treatment consistent with our international commitments.

We want someone's blood to pay for 9/11 - and he wants to be a martyr. Perhaps the greatest punishment would be to let him live as a prisoner until Al Qaeda is defeated - which may be a long, long time.

Our legal system would remain consistent with our principles. It is what makes us different from the rest.