| Trial by Congress |
21 July 2003
|
Justice Department Ignores Judge
US District Judge Leonie Brinkema has ordered the US Justice Department to let accused "20th hijacker"
Zacarias Moussaoui meet with alleged September 11 attack mastermind Ramzi Binalshibh. Justice has
refused, and the civil rights lobbyists are complaining about government violation of rights. The whole
thing is a load of nonsense brought on by an excessive use of legalisms in what is, at its heart, a non-legal
issue -- terrorism.
The use of the legal system to address every facet of human life began long before there was an America,
but the USA has brought it to a ridiculous level. At the extreme of stupidity are the lawsuits over coffee
that is too hot. At the extreme of social danger are efforts to try terrorists and the adaptation of the laws
of war (an odd concept) to the 21st century's wars.
To craft an imperfect parallel, the modern approach to the invasion of Normandy would have been service
of an eviction notice on Field Marshall Rommel, and the arrest of any Wehrmacht members who resisted
when the marshal's showed up. War is a legal state, goes this argument thanks to Hugo Grotius, and
therefore, legal norms may be created and enforced. Thus the show trial of Mr. Moussaoui in federal
court.
A better approach, and one with legal heritage, is to have the constitution amended to permit bills of
attainder. This was a charming English idea that let the Parliament vote a fellow into prison, and even
onto the scaffold. It was made unconstitutional by America's founding fathers because it was clearly
abused during the English Civil War.
However, the US Congress of today is a much saner legislature than the Rump Parliament ever
was, and is far more responsible to the people for its actions. The American judiciary is not. One might
argue that Mr. Moussaoui will get a better trial in an open televised Congressional debate than he ever
will in front of an appointed judge with a court appointed lawyer being judged by 12 people who couldn't
get out of jury duty. Justice is not the following of legal norms, it is the perception among people that the
guilty are punished and the innocent are not.
The hue and cry can already be heard, but the incontrovertible fact is that terrorism is a political crime
against the state, not a criminal act against persons or property as understood by lawyers. It might just
take a step into the 17th century to deal with the 21st.