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The decision to bring accused Sept. 11 terrorists to trial in federal court in New York City is outrageous and could lead to those detained being freed on a technicality, Rep. Mark Souder, R-3rd, said Friday.
Souder said it was unreasonable for men and women in the military to worry about legal technicalities, such as reading Miranda rights, when they are trying to subdue and capture terrorists on the battlefield.
“To go to federal court, you must prove you have read their rights,” he said.
New York Mayor Michael Bloomberg, an independent, has supported having alleged 9/11 mastermind Khalid Sheikh Mohammed tried in his home city.
It would be difficult to get convictions at the trials, Souder said, because the government would not be able to release classified information. He said that the discovery process for federal trials could disclose information crucial to the country’s fight on terrorism.
He said the decision by President Obama to bring terrorists to the U.S. for trial opens the debate on whether those captured on the battlefield should be treated as if they are part of a military conflict or the same as domestic defendants.
Souder said military trials would be more appropriate because defendants are treated fairly but information is not released.
Souder said he and other Republicans are working to stop the trials of terrorists in open court. He said Congress could do that by passing a law prohibiting the action or to eliminate the money to transfer the prisoners. He was hopeful that public pressure on Democrats would force them to stop this practice.
