In the days since Umar Farouk Abdulmutallab’s arrest in the Christmas Day plot to blow up Northwest Flight 253, many of my long-held moral and legal assumptions shifted. It’s not that I’ve lost confidence in the ability of the civilian courts to resolve these cases. Rather, prosecuting terrorists who commit crimes against United States nationals, at home or abroad, is a burden that American courts should not have to bear. These terrorist offenders are, in every sense of the word, soldiers. Soldiers in an openly declared holy war against American “infidels.” These soldiers, like our soldiers, are highly trained. They too can strip and clean weapons while blindfolded. They too, are experts in explosives and guerrilla tactics. Their skill set is similar to the most elite of our forces. They are tough. Like our CIA agents, they too are required to endure torture so that they may be taught to resist it…
It is undeniably true that the threat of long prison sentences has produced countless cooperators who have helped the government and themselves—and, in turn, spurred the collapse of drug cartels (a few) and Mafia families (some). But can it be said with a straight face that this same method would lead to valuable information extracted from terrorist soldiers? Eight years of torture coupled with an open offer of a $25 million reward has failed to produce the capture of Osama bin Laden. So, why would hardened soldiers, quite willing to commit a suicide bombing, politely exchange information for leniency?
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