Better Late Than Never

Cohen: 9/11 Suspects Closer To Justice After Bush's Terror Compromise

(CBS) 
But even while he was bending to legal and political pressure, President Bush was telling the world that those secret CIA prisons from whence the New Gang of 14 came are still open for business for any future wave of high-level terror thugs. Mr. Bush wants to keep that option open, say his folks off-camera. He also defended the CIA's dubious interrogation tactics, which most of the rest of the world considers to be torture, as "an alternative set of procedures" that were both legal and necessary.

Now, with the men who suffered through those "alternative set of procedures" transferred to Gitmo and with new no-torture rules apparently in place (at least for now), the fight eases a bit over whether and to what extent the United States sanctions or has sanctioned torture.

Don't look for Mohammed or Binalshibh to go to trial soon. Even if Congress were to authorize the tribunal procedures "as is" today, there would be a series of court challenges to determine whether those procedures meet the standards set forth earlier this year by the Supreme Court when it declared the old rules insufficient. Those court challenges likely will take some time. But with Congress on board and the big-shot terror leaders only a few steps away from a courtroom in Cuba, the justices will be far more receptive to the procedures than they were before.

We still may be a year or so away from the start of any Gitmo trials, but that's many years closer to starting than we were just a few days ago. After nearly five years of waiting, that's called progress.

The only discordant note on a day of bold strokes by an administration that has failed lately to paint with any sort of precision came when the President repeated the exaggeration (some call it a lie) that there already exist at Gitmo hundreds of dangerous terrorists. This is simply not true and the administration knows it. How? Because our military officials themselves have compiled records at the prison camp that demonstrate beyond any doubt that the vast majority of prisoners held there are not al Qaeda members or even terrorists of any other sort.

The news the President delivered today was striking enough without the hype about the detainees currently on hand at Gitmo. It was positive enough without having to lamely justify why so many of those detainees haven't yet been set free.

So today becomes the first day of the rest of the lives of Binalshibh, Mohammed and the dozen other newly-minted Gitmo detainees. They are probably delighted to be out of whatever rat hole the CIA had kept them in for the past few years, and they are probably wondering what is next for them. The answer is: a lot of waiting around for legislative and judicial branches of government to figure out how to digest and process what the executive branch has just accomplished.

But their day in court now is almost guaranteed to come sooner rather than later and to come at all after so much doubt and speculation. It's not for them that this is a big deal. They are doomed anyway. It's for the tens of thousands of people who almost five years ago to the day were swept up into the maelstrom of America's worst moments.

After so many bad days, and so many more to come, these poor people deserve to know that their idea of justice is on its way. And it is.

Better late than never.

[sanfelz]

The article by Andrew Cohen was not a policy paper but a legal opinion about the response by the Bush Administration to a Supreme Court decision. Though he tries to skirt laws, even Bush must uphold the law. A more valuable function than Commander-In-Chief. Even Bush realizes that, which is why he would not admit to secret prison and torture.

[edjohn66]

Optimas2,

A. A majority of Lincoln's actions came after a formal declaration of war by Congress.

B. To answer your question, YES, I do find fault with many of Lincoln's actions before and during the Civil War.

C. Things "seemed to work out ok" -- did they? That depends on who you talk to....

D. Even if you are right when you imply that, like Lincoln, history will smile upon W.'s actions (although I'd guess history will have a MUCH different view of W.), the issue I was discussing was the media's scruitney of the president's handling of the war on terror. Lincoln was subjected to VERY HARSH criticism before and during the Civil War, similar W.'s treatment by the media right now. If things truly did "turn out ok" with Lincoln, perhaps it is a result of the public criticism he endured?

I applaud Andrew Cohen's criticism of the executive branch. Our democracy benefits from questioning the president.

[rru2s]

The administration is but one of 3 branches of our government. No branch is above the other two when it comes to the law and the constitution.

Regardless of wartime or peacetime, regardless of the existence of fanatic members of extremist groups who plot or avow to attack the US, there is still an obligation of the US to abide by the international Geneva convention and the laws and constitution of the US. The excuses for breaking laws by our government is nothing short of grandstanding the hatred of those who have attacked us so that our fear allows the administration unchecked domestic and international powers, which is exactly the dynamics of manipulation of the public's fear that were used by fascist leaders in the second world war. Do we want to allow ourselves to become our own worst enemies?

[random_radar]

Why does the war on terror have to be an either/or proposition? Why can't I oppose the foreign terrorists AND oppose the domestic enemies of freedom too? I am opposed to evil wherever it may be--in Iraq, Iran, Afghanistan, or Washington.

I am loyal to the constitution and a friend of the laws built upon its principles. I pledge allegiance to the flag and the republic for which it stands. If my elected representatives break the laws and flaunt the constitution, it is they who are traitors to our nation, not me.

The price of freedom is eternal vigilence--against all enemies, foreign or domestic. The question truly is who is loyal to our country and there is doubt about some notable and prominent people. We are fortunate to still have a say in who governs, and it is up to us to elect people who will keep us safe AND free.

[notbuynit]

Everything that this president and his party do is done simply to keep hold on their power and empire. That is the only motivation.

It is so incredibly transparent. Shuffle the deck, smokescreen here, yell fire there. Bait and switch. Lie and swear to it.

Despicable people exploiting our fears and emotions to empower and enrich themslves at all at our expense.

This "war" is mostly an excuse to pillage, dominate, and make money. An opportunity to use a just cause for unjust purpose.

They claim to be the party of God.... I wonder if that's such a smart idea.

[jbbar-2009]

When is CBS news, specifically Evening news going to report what AMERICAN CITIZENS really think and believe about TERRORISM & TERRORISTS in a post 9/11 world?
Why does CBS news continue catering to the Liberal Left Wing country sell outs? Isn't it time CBS news takes journalistic responsibility to report the what the "Silent Majority" wants the U.S. government to do when it comes to handling TERRORISM?
CBS NEWS, until you step down off your current agenda, catering to the Liberal Left, the evening news will be the same as all the other media outlets who have weakend country.
If you want to suceed and bring CBS evening news from last to 1st in national ratings, then time has come for CBS to do what is right. The silent majority in this great country want to see the "WILL of the PEOPLE" not the "WILL of the BELTWAY in Washington.
This country needs to Scare the HELL out of TERRORIST, until that happens, until they are afraid of the USA, Terrorists will continue to make this country UNSAFE and more innocent citizens will die because of the lack of moral fortitude.

[optimas2]

EdJohn,

Do you object to Lincoln's handling of the Civil War? Surely Lincoln was guilty of FAR more constitutional abuses that Bush has ever dreamt of, but yet Lincoln remains a beloved historical figure.

As long as you're picking and choosing pieces of history, why not pick Lincoln's suspension of habeas corpus (without the consent of Congress) and his imprisonment of the Maryland legislature without charge or trial?

All of that seemed to work out ok in the long run, didn't it?

[edjohn66]

I think sjpm21 and ftecconn should be aware of some quotes from our forefathers:

The maintenance of the right of criticism in the long run will do the country...more good than it will do the enemy.
~Robert Taft (Republican Senator, December 1941)

If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.
~James Madison

Although it seems they are well-acquainted with another historical figure:

The people can always be brought to the bidding of the leaders...tell them they are being attacked, and denounce the peacemakers for lack of patriotism and exposing the country to danger.
~Herman Goering

I personally choose to pay more attention to the American historical figures, which is why I continue to criticize Bush's handling of the war on terror.

[ftecconn]

sjpm21, I couldnt agree more with what you wrote. I think folks are getting tired of liberal ACLU types trying to bring this country down for the sake of politics. When will people wake up in America and realize the terrorists could care less what side of the Isle you are on.They want to kill us all.Dont matter to them.Osama and gangs been hating the US well before Pres Bush has been around.Dont blame Bush! That will get us nowhere.If you read pass the Shock line you will see alot of misleading stuff in todays news medea.All for political power.Well if we are all dead what use is Political power.Kind of like being a millionare confind to a bed.what good does all that money do for you.NottaI hope CBS will get back int reporting the news and not try to make up the news.people are way to Informed now adays for that.I only hope that giving the terrorists better treatment than our American prisoners wont allow millions of us to get murdered all in the name of politics and power.But I do notice the Govt is hiding behind heavy security. Are they trying to tell us something?

[sjpm21]

You people just do not get it; our military, special forces, and special agents with the CIA have risked their lives to not only bring to justice those that engaged in terror against our nation but to thwart the actions of their radical brothers in arms.

Your writer suggests throughout this article that our government has deprived those families of victims of 911 their day in court. Wake up! These individuals seek to deny each of us to include your writer or most cherished right to life therefore, they deserve minimum consideration of a civilized nation.

Only when your writers and audience finally realize we are at war with a fanatical, unrelenting, and deadly enemy who is intent on our destruction and is using our free society will we win this war. Too many including this writer give ammunition to the enemy with your repeated accusations that our government is immoral and lawless.

The list is long of the politically motivated attacks against the GOP (many unsubstantiated). I can argue against the party in power without degrading the American values both parties and many Americans have bleed to uphold. Objectivity, even the benefit of the doubt should go to our Commander and Chief during the time of war.