The decision to treat captured Boston Marathon bomber Dzhokar Tsarnaev as a criminal defendant, rather than an "enemy combatant," did not rest easily with some Republicans. "I believe such a decision is premature," said Senator Lindsey Graham (R-SC). "It is impossible for us to gather the evidence in just a few days to determine whether or not this individual should be held for questioning under the law of war."
This is the legal conundrum of terrorism in a nutshell. If those who commit acts of terror are not presumptively treated as enemy combatants, it becomes more difficult for interrogators to acquire the information necessary to determine if they qualify as enemy combatants or not.
On the other hand, the requirements for enemy combatant designation are fairly strict. Connections to international terrorist organizations must be proven. The relevant legislation specifically names al-Qaeda and the Taliban. Tsarnaev was held for 48 hours before his Miranda rights were read, which reportedly gave high-value terrorist interrogators a chance to work with him. Holding him any longer might have jeopardized his criminal prosecution.
Rep. Peter King (R-NY) said he wasn't worried about securing a conviction against Tsarnaev, given the strong evidence against him. "I want the intelligence so we can save American lives, and that can only be done, I believe, effectively if he is treated as an enemy combatant and denied access to a lawyer," said King. Perhaps he shouldn't be so sanguine about obtaining that conviction, as some high-profile defense lawyers interviewed by the media sound positively eager to tear into the government's case, confidently asserting that the death penalty is already off the table.
Tsarnaev clearly had strong incentives to avoid saying anything that might link him to international terrorism, thus earning him the dread "enemy combatant" designation. Doubtless other would-be terrorists are taking note.
-- John Hayward
Senior Writer
Source: Daily Events from Human Events
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