(I don't know if this guy is a regular W.Post columnist or not, but he is a law professor at Georgetown University and the author of "Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism." If I could post the rest I would, it's that good.)
(Washington Post)
By David Cole
Friday, May 5, 2006; Page A19
After four years, numerous appeals, millions of dollars, and a massive investment of government personnel and resources, the trial of Zacarias Moussaoui concluded Wednesday with a life sentence. Many have cited the case as an example of how difficult it is to try terrorists in civilian courts. In fact, it is an object lesson in how the government's overreaching has undermined our security.
Four years ago Moussaoui was on the verge of pleading guilty to offenses that would have resulted in a life sentence. But he was unwilling to accept the government's insistence that he admit to being the 20th hijacker of Sept. 11, 2001 -- an allegation the government has long since dropped.
For almost two years, the case was stalled as the government sought Moussaoui's execution while denying him access to witnesses in its control who had testimony establishing that he was not involved in the Sept. 11 plot at all. Due process has long required the government to turn over such "exculpatory" evidence, but the government, citing national security, refused to afford Moussaoui access to this evidence. In October 2003 the trial court offered a reasonable solution: Allow the trial to proceed but eliminate the death penalty, because that's what the government's exculpatory evidence related to. The government refused that solution and spent several more years trying Moussaoui. The case ended where it began -- with Moussaoui facing life in prison.
Meanwhile, at a secret CIA "black site" prison, the United States is holding the alleged mastermind of Sept. 11, Khalid Sheik Mohammed. And at Guantanamo Bay, Cuba, it has Mohamed al-Qahtani, who the government now claims is the real would-be 20th hijacker. But the administration can't try either of these men, because any such proceeding would turn into a trial of the United States' own tactics in the war on terrorism. The CIA has reportedly water-boarded Khalid Sheik Mohammed -- a practice in which the suspect is made to fear that he is drowning in order to encourage him to talk. And Army logs report that interrogators threatened Qahtani with dogs, made him strip naked and wear women's underwear, put him on a leash and made him bark like a dog, injected him with intravenous fluids and barred him from the bathroom so that he urinated on himself. With these shortsighted and inhumane tactics, the administration essentially immunized the real culprits, so it was left seeking the execution of a man who was not involved in Sept. 11.
(more at link)
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http://www.washingtonpost.com/wp-dyn/content/article/2006/05/04/AR2006050401698.html>