Preview

9/11 Terrorist Trials Research Paper

Good Essays
Open Document
Open Document
657 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
9/11 Terrorist Trials Research Paper
Running head: THE 9/11 TERRORIST TRIALS

The 9/11 Terrorist Trials
Jose Quesada
CRJ-305
September 5, 2013

For over a decade the central debate about enemy combatants has been what kind of trials

and due process rights are they entitled to. These combatants are not quite prisoners of war, but

they are not run-of-the mill criminals either. They are being detain at Guantanamo Bay with no formal charges or access to the free world. The reasoning for this is, on September 14, 2001 the
United States Congress, authorized the use of United States Armed Forces against those responsible for the attacks on September 11, 2001. The authorization granted the President the authority to use all “necessary and appropriate force”
…show more content…
The AUMF was signed by President Bush on September 18, 2001. So in short, if this enemy is captured either in the United States or abroad, they will be taking to
Guantanamo and detain until, (a) the threat to national security is no longer an issue and or (b) this enemy stands trial. www.citizenjoe.org/node/235 According to Eviatar (2013), in a federal courtroom in downtown Manhattan, Osama bin
Laden’s son-in-law appeared before the court and was charged with conspiring to kill
Americans. In a sober, orderly proceeding that lasted a total of 17 minutes, Judge Lewis Kaplan explained to Suleiman Abu Ghaith his rights, appointed his defense lawyers, read the charges against him, recorded his plea of not guilty, ordered the prisoner’s continue detention and announced that he would set trial date for the case in 30 days. Eviatar (2013) found, it an ordinary, orderly federal court arraignment in an international terrorism case. Almost 500 such defendants have been convicted in U.S. federal courts on U.S. soil since the terrorist attack of September 11, 2001. Unlike the proceeding at Guantanamo Bay, where five alleged September 11 co-conspirators: a 13 hour fiasco at which the
…show more content…
“The military commission proceedings at Guantanamo Bay usually are spectacles of absurd, characterized by detainee outbursts and a bewildered military judge, with no experience in trying terrorism cases, struggling to apply confusing laws and procedures along on a remote U.S. military base in Cuba. In federal courts is clear that the presiding judge has complete control of his courtroom. With only the usual guards in the courtroom, and security was never an issue” ( Eviatar, 2013). The other question that comes to mind: Are they protected under The Fourteenth
Amendment? The amendments first section includes several clauses: the Citizenship Clause,
Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. The Due
Process Clause prohibits state and local government officials from depriving persons of life, liberty, or property without legislative authorization.

Conclusion There are still many debates on whether the United States should continue operations at
Guantanamo Bay. Many detainees are being taken into federal courts rather than a

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Habeas Corpus and the War on Terror. Soon after the U.S. invasion of Afghanistan in 2001, the Bush administration developed a plan for holding and interrogating prisoners captured during the conflict. They were sent to a prison inside a U.S. naval base at Guantanamo Bay on land leased from the government of Cuba. Since 2002, over 700 men have been detained at “GITMO.” Most have been released without charges or turned over to other governments. In 2011, Congress specifically prohibited the expenditure of funds to transfer GITMO prisoners to detention facilities in the continental United States, making it virtually impossible to try them in civilian courts. As of April 2012, 169 remained in detention at GITMO (Sutton, 2012).…

    • 6132 Words
    • 16 Pages
    Satisfactory Essays
  • Good Essays

    Hamdi vs Rumsfeld

    • 958 Words
    • 4 Pages

    Yaser Esam Hamdi, an American citizen, was captured in Afghanistan shortly after the terrorist attacks of September 11th. Hamdi was classified as an “enemy combatant” by the United States. His father filed a petition of Habeas Corpus that his fifth and fourteenth amendments were in violation. Although the petition did not specify on the actual circumstances of Hamdi’s capture and detention, the record indicated that Hamdi went to Afghanistan to do “relief work” less than two months before September 11th and could have not received military training. The Special Advisor to the Under Secretary of Defense for Policy, Michael Mobbs, issued a response, outlining the Government’s position. The district court found the “Mobbs Declaration” insufficient in supporting the Government’s case. The Mobbs Declaration provided details regarding Hamdi’s trip to Afghanistan, his affiliation with the Taliban during a time when the Taliban was battling U.S. allies, and lastly his surrender of an assault rifle. The District Court found that the Mobbs Declaration, standing alone, did not support Hamdi’s detention and ordered the Government to turn over numerous materials. The Fourth Circuit reversed, stressing that it was undisputed that Hamdi was captured in an active combat zone, no factual inquiry or evidentiary hearing allowed Hamdi to be heard or to rebut the Government’s claims were necessary or proper. If the Mobbs Declaration was accurate, it provided a sufficient basis upon which to conclude that the President had constitutionally detained Hamdi, the court ordered the habeas petition dismissed. The appeals court held that, “no citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress”. This provides that The AUMF’s “necessary and appropriate force” language provided the authorization for Hamdi’s detention. Also that Hamdi is entitled only to a limited judicial inquiry into his detention’s rationality under…

    • 958 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Executive Privilege Dbq

    • 199 Words
    • 1 Page

    Hamdi v. Runsfeld - Was regarding the government's policy on captured enemy combatants. Post 9/11 2001 with the war on terrorism, The Bush administration to the position that any supporters of the enemy could be detained…

    • 199 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Hamdi Vs Rumsfeld Summary

    • 1053 Words
    • 5 Pages

    Hamdi v. Rumsfeld was a very controversial case in the early 21st century. With terrorism being a striking topic at the time, the rights of alleged enemy combatants was argued in the Supreme Court in 2004. This case determined the rights of enemy combatants and assured the Fifth and Fourteenth Amendment of Due Process is available to all U.S. citizens.…

    • 1053 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Daskal has in no way given up on the idea that the Guantanamo inmates deserve humane treatment and a respectable living environment. In contrast, she has merely come to the realization that the “release or prosecute” demand of human rights activists is simply not practical. Even if it is assumed, for the sake of argument, that Guantanamo has shut down, the truth remains that until the war on terror continues, neither will all detainees be released nor will America stop taking in new prisoners. So, where do all these highly dangerous terrorists relocate? To America? Or to another offshore territory? The fact remains that thanks to the work of civil society pressure groups, the living conditions at Guantanamo, according to the author have improved and would be much better than those at either option. Furthermore, if the precedent is set of keeping prisoners on American soil without trial, then the world can expect more violations of international law by the States in the upcoming years. So, until the war with Al Qaeda ends and until it can be safely assumed that all prisoners will…

    • 1702 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    Soon after the U.S. invasion of Afghanistan in 2001, the Bush administration developed a plan for holding and interrogating captured prisoners. They were sent to a prison inside a U.S. naval base at Guantanamo Bay, on land leased from the government of Cuba. Since 2002, over 700 men have been detained at “GITMO.” Most have been released without charges or turned over to other governments. In 2011, Congress specifically prohibited the expenditure of funds to transfer GITMO prisoners to detention facilities in the continental United States, making it virtually impossible to try them in civilian courts. As of April 2012, 169 remained in detention at GITMO (Sutton, 2012).…

    • 8316 Words
    • 26 Pages
    Satisfactory Essays
  • Good Essays

    September 11, 2001 changed America forever. The 9/11 cases challenged the government power and its relation to individual rights during times of war. Al-Qaeda, a terrorist organization funded by Osama bin Laden targeted the American government in a series of deadly attacks on 9/11 that killed over 3000 people and injured scores of others. The United States declared an act of war against Terrorism and soon was heavily involved in both Afghanistan and Iraq. Similar to the Korematsu v. U.S. (1944) Supreme Court cases where Congress authorization forces the government to comply with an order. The 9/11 cases were no ordinary in nature but it was different from similar cases. One must understand the complexity of the cases and the course of action…

    • 644 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Should we close Guantanamo Bay, and move the inmates to a federal prison in the U.S ? Are they getting the rights they should be getting?…

    • 1386 Words
    • 6 Pages
    Good Essays
  • Better Essays

    Have you ever felt like a piece of cheese on a mouse trap just waiting for that mouse to come by and eat you; maybe even a fly stuck in a spider’s web hoping that you can get away? Well I am sure if I had been one of those people in the mist of the chaos on September 11, 2001 that had changed the life of all Americans’ across the country. I would have felt no bigger than that piece of cheese or that fly caught in the web. We were victims of a horrific terrorist attack that shook the very core of our foundation as a country. Twelve years later we are still recovering from this horrendous act. We have been fighting the war on terror for ten years. This is one of the longest wars that the United States has ever fought. While the war rages on the boundaries between national security and civil liberties are blurred. “The big threat to America is the way we react to terrorism by throwing away what everybody values about our country—a commitment to human rights” (Kennedy, 2007). Individual liberties and freedoms are important since without them one can be held indefinitely. Habeas corpus does not infringe upon a person’s civil liberties. In addition, habeas corpus allows an individual to question why they are being detained and ensures that detainees have a right to a fair trial; it is considered to be one of the foundations of constitutional democracy.…

    • 2236 Words
    • 9 Pages
    Better Essays
  • Good Essays

    A general background and understanding of the right of Habeas Corpus is necessary to determine whether enemy combatants should be entitled to its protection of civil liberties. Habeas Corpus is a “writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a specified place for a specified purpose. The writ 's sole function is to release an individual from unlawful imprisonment; through this use it has come to be regarded as the great writ of liberty. The writ tests only whether a prisoner has been accorded due process, not whether he is guilty” (2011). In other words, the Writ of Habeas Corpus stands for the idea that no one should be constrained against their will without a judge supervising the constraint and assuring that it is in accordance to the law. This was a big deal 300 or 400 years ago when…

    • 916 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    An investigation into the treatment of detainees at the prison was issued when photo were discovered of guards abusing detainees in 2003. The human rights violations included: physical and sexual abuse, torture, rape, sodomy, and murder. Many of the torture techniques used were developed at the Guantánamo detention center including prolonged isolation, a sleep deprivation technique where people were moved from cell to cell every few hours, short-shackling in painful positions; nudity; extreme use of heat and cold; the use of loud music and noise and preying on phobias. "Punching, slapping, and kicking detainees; jumping on their naked feet...positioning a naked detainee on a MRE box, with a sandbag on his head, and attaching wires to his fingers, toes, and penis to simulate electric torture...having sex with female detainees...using military working dogs (without muzzles) to intimidate and frighten detainees, and in at least one case biting and severely injuring a detainee...breaking chemical lights and pouring the phosphoric liquid on detainees...Beating detainees with a broom handle and a chair...Sodomizing a detainee with a chemical light and perhaps a broom stick" (qtd. in Behrens and Rosen 665-6). Eleven US soldiers were convicted of crimes relating to the Abu Ghraib scandal. A number of other service members were not charged but reprimanded. Shockingly enough, despite the level of…

    • 1492 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    One of the most debated current events that have had a hold on America and the world are the prisons of Guantanamo Bay. Since the opening of the prisons there have been reported stories of torture on prisoners, inmates being force fed and due process rights being taken away. In this essay, we will examine Guantanamo Bay from the beginnings, to the legal issues by reviewing landmark Supreme Court cases, to the world wide opinions and finally the future of GITMO. After much research, we will review how I came to my belief, that the holding of prisoners in Guantanamo Bay is unconstitutional and that the torture must be stopped immediately.…

    • 3613 Words
    • 15 Pages
    Powerful Essays
  • Powerful Essays

    4. The War and the Writ Habeas corpus and security in an age of terrorism…

    • 1666 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    In “The Truth about Torture,” Charles Krauthammer critically analyzes the John McCain, an individual with tremendous moral influence who was tortured by the North Vietnamese, amendment. This amendment would prohibit all forms of torture from being executed on war prisoners of America. In response, Krauthammer states that in certain scenarios, torture is not “just permissible, but also morally required.” He divides the war prisoners into the following three classifications: ordinary soldiers arrested on the battlefield, captured terrorists, and finally, terrorists who possess information. With regards to the ordinary soldiers, McCain’s amendment is justified because although these war prisoners are on the opposite side of the conflict, they are nonetheless lawful fighters who committed no crime. On the contrary, Krauthammer believes that the terrorists are not worthy of the same protection and privileges since they intend to harm innocent citizens.…

    • 497 Words
    • 2 Pages
    Good Essays
  • Good Essays

    A ‘Prisoner of War’ is a person, whether combatant or non-combatant, who is held in custody by an enemy power during or immediately after an armed conflict. The treatment of prisoners has always been matter of debate in the world and many declarations and resolutions have been made in this regard including Geneva Convention of 1949. War is a time of confusion and while many suffer from it, there are many who benefit in the fog of it. The military personnel, whenever caught, have to be treated as PsOW and they have certain rights and privileges. The enemy always utilizes this opportunity to the fullest and employs certain obvious and hidden methods to extract information from the PsOW.…

    • 1090 Words
    • 5 Pages
    Good Essays