Recently judges of the Ninth Circuit Court of Appeals held that Al-Qaeda detainees in Guantanomo are entitled to access to lawyers and the American court system.

It should be noted at the outset that the Ninth Circuit is based in hyper-liberal San Francisco – not far from the old Marin County stomping grounds of Johnny “Jihad” Walker-Lindh. It is renowned as the most liberal and most reversed circuit in the nation.

This decision runs directly counter to Supreme Court rulings from the 40s and the 50s. Supreme Court rulings are supposed to be binding on all courts of the nation, even those from the home of anti-American Americans. But the Ninth Circuit has different ideas.

On first glance it does not seem to be that big a deal to give the detainees attorneys and trials. We give the right to counsel and trial to any number of truly reprehensible people – mass murderers, child rapists, etc. – what harm can this decision do?

As the saying goes, the devil is in the details. The right to an attorney means the detainees can communicate privately with an attorney of their choosing. This attorney is then free to travel. It is not unheard of for unscrupulous defense lawyers to serve as messengers for inmates. Imagine the benefit of communication into and out of Guantanomo for Al-Qaeda.

The right to trial is equally problematic. What crime do you charge them with? These people are not detained because they committed any crimes. They are detained because they are active members of a group that seek to slaughter as many Americans as they can.

The Ninth Circuit has, perversely, created a reverse incentive for taking Al-Qaeda members alive. In the future, our military and para-military forces (Delta Force, CIA, etc.) will have to figure that the only way to protect the country is to kill these people on sight. Taking them prisoner could result in infiltration of the United States, better coordination with other terrorists, and ultimately more mass murder. The Ninth Circuit has, in essence, told our troops that there is no point to taking prisoners. The logical conclusion is to just shoot them whenever they surrender.

Who knew the Ninth Circuit had a “kill them all – let god sort them out” kind of philosophy?

- posted by Thomas @ 11:20 AM