Obama decided to move terrorists to New York to enjoy the benefits of a civilian trial. While one may or may not agree it is clear that no one expected it to cost the government $200 million dollars. The city of New York has stated that they cannot afford it.
“New York’s financial resources are in short supply, and we have been forced to reduce our Police Department’s headcount,” Bloomberg wrote in a letter to White House Budget Director Peter Orszag dated January 5 and released to media on Wednesday. Reuters
Eric Holder, US Attorney General agrees, stating that New York should not go it alone. Indeed. Yet neither should the taxpayer. The reality is that the terrorists, captured during war would have faced military tribunals, which historically have given more rights to plaintiffs. For instance Article 31 of the UCMJ gave military people “Miranda” rights 16 years before the U.S. Supreme Court agreed in a case to require such a statement. The UCMJ provides that military suspects are also entitled to the services of a lawyer at no cost, regardless of rank or economic level. The U.S. Supreme Court did not guarantee that right to civilians until 12 years later, and only then if the accused could show he was needy.
The Tribunals, or Commission, is the same as a Courts Martial, the difference in terminology comes from the difference of an enemy combatant versus a US Soldier. The complication for Obama comes from the fact that if convicted of crimes he is the one who has to sign the punishment order or grant leniency. This is because the authority of the military court derives itself from the Executive Branch and signed by the President (executive orders) and National Defense Authorization Acts 2006 and 2007. Because his name cannot be on the line the taxpayer will pay the price.
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