Let the legal system work

A federal judge in New York has strengthened the case for trying accused terrorists in civilian courts rather than before military commissions. His decision should be required reading for President Obama, who has developed unsettling second thoughts about the Justice Department’s plans for a civilian trial of self-proclaimed 9/11 mastermind Khalid Shaikh Mohammed and four alleged accomplices.

District Judge Lewis Kaplan’s ruling came in the case of Ahmed Khalfan Ghailani, who was indicted in 1998 for conspiring in al Qaeda bombings of U.S. embassies in Tanzania and Kenya. Ghailani, who was captured in 2004, interrogated in one or more CIA prisons abroad and then transferred to Guantanamo Bay, argued for dismissal of the charges against him on the grounds that he had been denied his 6th Amendment right to a speedy trial.

Kaplan rejected the argument, noting that the Supreme Court has held that speedy trial claims must be viewed “in the particular context of the case.” He said there was no persuasive evidence that the delay “has impaired Ghailani’s ability to defend himself in any respect or significantly prejudiced him in any way pertinent to the speedy trial analysis.” Moreover, because the government had the right to hold Ghailani as an enemy combatant without trial, the delay of the prosecution did not cause his prolonged incarceration.

If embraced by other judges, Kaplan’s approach would seem to clear one hurdle from the Justice Department’s plan to try Mohammed and four other defendants in a civilian court: a possible claim that they were denied the right to a speedy trial. But there is another obstacle, political rather than legal.

In the face of congressional opposition, Obama has indicated that he might overrule his own attorney general and try Mohammed before a military commission, a less tested and less credible system of justice. The president’s hesitation has moved Atty. Gen. Eric H. Holder Jr. to make an unusual public plea to his boss. In a recent television interview, Holder asked: “Why can’t we use a great criminal justice system that has proven effective in these kinds of cases over the years, that has proven effective in a wide range of cases over the last 200 years.…It is that system that we have often said distinguishes us from other countries.”

Even as he rejected Ghailani’s speedy trial claim, Kaplan sounded a similar theme: “The court understands that there are those who object to alleged terrorists, especially noncitizens, being afforded rights that are enjoyed by U.S. citizens. Their anger at wanton terrorist attacks is understandable. Their conclusion, however, is unacceptable in a country that adheres to the rule of law.” Holder should direct Obama’s attention to the judge’s opinion.