Posted by
Rich on Friday, May 09, 2008 8:31:29 AM

Today's
Sarasota Herald-Tribune editorial board brings up the issue of radical
Islamic terrorists being held in Guantanamo Bay in their column, "
Injustice at Guantanamo".
We
were thinking to ourselves why would the United States not quickly
bring to trial and if appropriate execute these terrorists. We decided
to look at how President Franklin Delano Roosevelt handled a similar
situation in WWII. Here is what history tells us according to Wikipedia.
When
the United States entered World War II, Adolf Hitler ordered German
saboteurs [terrorists] to wreak havoc on the country. The
responsibility for carrying this out was given to German Intelligence
(Abwehr). In June 1942, eight agents were recruited and divided into
two teams: the first, commanded by George John Dasch, with Ernest
Burger, Heinrich Heinck and Richard Quirin. The second, under the
command of Edward Kerling, with Hermann Neubauer, Werner Thiel and
Herbert Haupt.
On June 12, 1942, U-Boat U-202 landed Dasch's
team with explosives and plans at East Hampton, Long Island, New York.
Their mission was to destroy power plants at Niagara Falls and three
Aluminum Company of America (ALCOA) factories in Illinois, Tennessee
and New York. However, the team was observed following landing by a
Coast Guardsman who immediately raised the alarm. After being captured,
Dasch and Burger gave a full confession to the FBI and obtained more
lenient treatment.
Kerling's team landed from U-584 at Ponte
Vedra Beach (25 miles [40 km] south-east of Jacksonville, Florida), on
June 17. They were tasked with laying mines in four areas: the
Pennsylvania Railroad in Newark NJ., canal sluices in both St. Louis
and Cincinnati, and New York City's water supply pipes. The team made
their way to Cincinnati, Ohio and split up, with two going to Chicago,
Illinois and the others to New York. However, the Dasch confession led
to the arrest of all of the men by July 10.
All eight were tried
and convicted by Military Commission. President Roosevelt approved the
sentences. The constitutionality of the military commissions was upheld
by the Supreme Court in Ex parte Quirin and six of the eight men were
executed by electrocution on August 8. Dasch and Burger were given
thirty-year prison sentences. Both were released in 1948 and deported
to Germany. Dasch (aka George Davis), who had been a longtime American
resident prior to the war, suffered a difficult life in Germany after
his return from U.S. custody due to his cooperation with U.S.
authorities. As a condition of his deportation, he was not permitted to
return to the United States, even though he spent many years writing
letters to prominent American authorities (J. Edgar Hoover, President
Eisenhower, etc.) requesting permission to return. He eventually fled
to Switzerland and wrote a book, titled Eight Spies Against America.
There
you have it. FDR captured all eight German terrorists by July 10, 1942.
He created Military Commissions, had the U.S. Supreme Court bless the
Commissions, held the trials, and executed 6 of the 8 terrorists by
August 8, 1942.
Thirty days from capture to execution. Now that's what I call swift justice.
By the way, the current Military Commissions are based upon those created by FDR in 1942.
Why
haven't we moved this quickly to deal with the very deadly and
dangerous terrorists being held in Guantanamo, Cuba? Because we are in
fact a nation of laws. Even though we are at war we are providing these
terrorists with all the legal, moral and responsible opportunities to
defend themselves under international laws.
As Colonel Morris D.
"Mo" Davis, USAF (Ret.) the former head prosecutor said, ""Some imply
that if a defendant does not get a trial that looks like Martha
Stewart’s and ends like O. J. Simpson’s, then military commissions are
flawed. They are mistaken. The Constitution does not extend to alien
unlawful enemy combatants. They are entitled to protections under
Common Article 3 of the Geneva Conventions, which ensures they are
afforded “all the judicial guarantees which are recognized as
indispensable by civilized peoples.”
"Justice John Paul Stevens,
in the Hamdan decision that rejected an earlier plan for military
commissions, observed that Article 75 of the Additional Protocol to the
Geneva Conventions defines the judicial guarantees recognized as
indispensable. A comparison of Article 75 and the Military Commissions
Act of 2006 shows military commissions provide the fundamental
guarantees."
Keeping enemy combatants in prison makes perfect
sense to you and me. Letting them out means they will just go back to
doing the only thing they know - killing Americans. Even the
Herald-Tribune editorial board recognizes this when they point out, "A
former detainee, transferred to Kuwait for trial and later acquitted,
was involved [in] a deadly suicide bombing in Iraq last month, the U.S.
military confirmed Wednesday [May 7, 2008]."
As for using Club
GITMO as a propaganda tool, so what. What do you expect those who plot
each and every day to kill our soldiers, innocent Muslim men, women and
children, and anyone else who get in their way to do?
Guantanamo
is a shining example of the slow, sometimes tedious and lengthy,
process of bringing terrorists to justice. Defense lawyers, including
those from the ACLU, are tying up the process with appeals. The Supreme
Court is involved, again. Colonel "Mo" Davis called, "the Supreme
Court's intention to review the Military Commissions Act "meddling":
"This constant uncertainty and meddling certainly takes a toll on
people, It would be nice to have some certainty for a change."
GITMO
mirrors our own criminal justice system, which takes years to convict
and decades to finally put to death the most horrible murders.
Our
take is the Sarasota Herald-Tribune is using this issue as a political
hammer to bash Bush. All three Presidential candidates have said they
will close GITMO down. That is nice but does not do anything to speed
up the clear need for swift justice in the case of these radical
Islamic terrorists.
Where is FDR when you need him?