McConnell: Foreigners not "entitled" to U.S. trials

Senate Republican leader Mitch McConnell on Sunday lambasted an Obama administration plan to try two Iraqis who were arrested on terrorism charges in Kentucky in civilian courts, saying instead they should be tried as enemy combatants by a military commission in Guantanamo Bay.

Waad Ramadan Alwan and Mohanad Shareef Hammadi were charged last month with trying to send weapons and money to al Qaeda operatives in their home country. Alwan is also accused of attacking U.S. soldiers in Iraq. They had been living in Bowling Green, Kentucky, since 2009.

The Los Angeles Times reported that the two were among 56,000 Iraqis who entered the U.S. through a special refugee program. Alwan was admitted in 2009 even though his fingerprint had been found on an unexploded IED in Iraq in 2005, according to court documents, but the Defense Department database containing his prints wasn't searched at the time he applied for refugee status.

"The things they're accused of doing were in Iraq, their fingerprints were found on IEDs in Iraq," McConnnell said on CBS' ""Face the Nation." "They got into this country as a mistake. These are enemy combatants. So let's get the terminology right. These are not American citizens - they're enemy combatants."

McConnell said the decision to try them as enemy combatants should be a "no-brainer," and that Alawan and Hammadi were not "entitled" to be tried in the U.S. court system just because they were arrested in the U.S.

"Look, foreigners are not entitled to be tried in the U.S. court system, particularly if they are enemy combatants. And that's what these are," he told host Bob Schieffer. "The attorney general has the choice. He just made the wrong choice. They ought to be tried in military commissions. This is a no-brainer. These foreigners who are exploding IEDs in Iraq shouldn't be tried in a U.S. court system - in Bowling Green or anywhere else."

McConnell also took issue with a comment Attorney General Eric Holder made on Thursday in which he called civilian courts the U.S.'s "most effective terror-fighting weapon" during a speech defending the decision to try the Iraqis in civilian courts.

"The attorney general said the other night our biggest weapon in the war on terror was the U.S. civilian court system. I don't know what planet he's living on," he added. "If Osama bin Laden were alive today, I think he'd say our biggest weapon are U.S. Navy SEALs."

Click on the video player below for more from Sen. McConnell's appearance on "Face the Nation."

[random_radar]

I am surprised that Mr. McConnell and everyone else stating an opinion here does not bother to cite the actual constitution for an answer. I suppose no one actually reads the constitution anymore.

Article III, Section 2 of the constitution says that the federal courts have jurisdiction over crimes by foreign nationals and that they are tried by jury:

"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other public Ministers and Consuls;-to all Cases of admiralty and maritime Jurisdiction;-to Controversies to which the United States shall be a Party;-to Controversies between two or more States;-between a State and Citizens of another State;-between Citizens of different States;-between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme [sic] Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme [sic] Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed."

America is no longer a free country because no one follows or cares about the constitution. Ignorance has brought us into political slavery.

[gekkobear]

Ah yes, the best way to win a war is lawyers... we should send them in the front lines armed with their briefcases so they can show us what they can manage all by themselves.

C'mon guys... think it through before you argue... This is likely the best plan I've had this week. Only Shakespeare hadn't come up with this plan before I did would it be more impressive.

[netjunkie1]

They have, and with some consequenes...money for peace is not a lasting peace if the money does not continue or increase in size.

[AttyFAM]

by nottblu June 20, 2011 4:09 PM EDT
Attyfan, they article states they were Iraqis.
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You really do not read carefully. The article states that they were admitted legally to the USA as refugees in 2009. They were legally living in Kentucky at the time of their arrest. Those are facts. The following is allegation. They were charged with trying to send weapons and money to Al Qaeda operatives in Iraq. As yet we do not know if that is true, because - guess what - in America, you are innocent until proven guilty. You do approve of that provision of the Constitution, I hope.

[tellingthestory]

McConnell is one of the many reasons I am not a Republican. Obama ,Schumer, Pelosi Weiner are some of the many reasons I could never be a Democrat at least not a Liberal democrat. So here I stay in the safety of mental health as an independent.

[pasha128]

by nottblu June 20, 2011 3:59 PM EDT
rafterman, why is it soo dificult for people like you to differentiate between a citizen criminal who commits a crime in the US and one that is not entitlted to the same rights and privilages because he is an enemy combatant captured on a foriegn battlefield killing American soldiers.
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notblu -- the only two people convicted at GITMO was a chauffer and a press agent -- no one that was accused of killing anyone military or civilian has been convicted at GITMO. The military tribunal system has been a total failure. Perhaps you should read the 14th amendment the part dealing with due process and equal protection has a specific change in subject from CITIZEN to PERSON. The Supreme Court has found this significant in that ALL PERSONS (citizens or not) are guaranteed due process and equal protection under the laws of this nation.

[Exavier2]

I can see that people such as nottblu need to be educated. Our Constitution is to protect the rights of all human beings. Not just American citizens. All men are created equal. It's funny that you would agree to such poor ideas to send people to Guantanamo where due process of law is not followed, there is no trial or anything. It is easy to say such things when you're not the one facing life in prison. As other people have pointed out civilian courts have given out plenty of harsh sentences to terrorists. But we have innocent until proven guilty for a reason. There is a reason why people aren't supposed to be allowed to have places like Guantanamo. And if you had done any reading at all you would know what a failure Guantanamo is since dozens of people who were held there ended up being released after being held in jail for years without a trial or due process of law because it was found that they really are no threat. We need go around treating people just as we want to be treated. I wonder if the day comes where people like you must have an unfair and impartial legal system which does not follow proper due process of law judge you if you would feel the same then.

[1pheasant1]

by documemts June 20, 2011 3:04 PM EDT

Original intent of the Constitution was that all men are created equal. McConell's big mouth should stay out of judicial proceedings.

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You would think he would at least put a set of chompers in his big mouth before going out in public. Thanks, Kentucky! We enjoy the laugh at your expense.

[WeHappyFew]

Oh the conservatives are strangely silent on the subject of the constitutional legitimacy of this idea.

[nottblu]

you explain how an enemy combatant, not an American citizen, captured on a foriegn battlefield killing American soldiers, is entitled to the same constitutional rights as a US citizen. Since your a self-appointed constitutional expert explain how this foriegn soldier is to be given our rights and privilages. Taxpayer funded lawyer, decades of appeals. I cannot comprehend how people like you could convince yourselves these enemy soldiers are entitled to those rights and privilages, unbelievable!

[AttyFAM]

notblu is seriously ignorant of the facts under discussion here. I suggest he read the article, then read the Constitution.

[documemts]

Original intent of the Constitution was that all men are created equal. McConell's big mouth should stay out of judicial proceedings.

[nottblu]

All legal US citizens was the intent not all men.

[pasha128]

Read the 14th amendement nottblu -- all persons not all citizens are guaranteed due process and equal protection under the laws of this country.

[aintfakin]

right wing hacks cherry picking the constitution again
is Mitch McConnell even alive?
He looks like a flabby bloated zombie that has never written any meaningful legislation.

[Mortarman429]

Why no facts in your post?

[aintfakin]

fact
McConnell was voted one of the 5 most worthless senators a few years back.
Maybe you can recite some meaningful legislation he has offered

[aintfakin]

if you do not think it is a fact that he looks like he was made with marshmallow why would anyone listen to anything you think is a fact