Last Friday, Attorney General Eric Holder announced Khalid Sheikh Mohammed, principle architect of the Sept. 11 attacks, and four other detainees held in Guantanamo Bay would be tried in New York’s southern district court. Settling down to enjoy their Saturday morning coffee, Americans were greeted with Mohammed’s leering eyes, even as his overgrown beard, too large to be captured in a single photograph, spilled out of sight. “What in the world?” we wondered. “He wasn’t hurting anyone in Gitmo — why bring him out now?”
The short answer? To fulfill a campaign pledge. In January, President Barack Obama signed an executive order mandating the closure of Guantanamo Bay within one year. Applauded at the time, Obama’s decision now appears shortsighted, as legal hurdles have since prevented the enactment of this order. As the deadline approaches, the Obama administration rushes to get the Guantanamo detainees out the door.
The civilian trial offers an advantage — Mohammed will face his accusers — but it also brings many disadvantages. I don’t think any jury of Americans, let alone New Yorkers, could credibly feign impartiality in this case. Security will be a nightmare. Our media, which goes bananas for Paris Hilton’s D.U.I.’s, may explode. Calling these men “enemy combatants” is an understatement, and I can think of no better candidates for our military tribunal system. Some will argue military tribunals offer no justice, but no one, least of all Mohammed, believes the outcome of this trial is in doubt.
The civilian trial seems to be less about serving justice than burying the ghosts of Guantanamo. We may score a propaganda victory when Mohammed begs for martyrdom and claims his deeds as a “badge of honor,” or perhaps Mohammed’s 183 counts of waterboarding will tarnish our image. Either way, common sense shouldn’t take a back seat to theatrics.
Obama will justly receive much criticism for his decision, but let’s not forget the Bush administration’s role. If not for Guantanamo Bay, justice may have been served years ago, now the Bush administration’s torture policy will give the prosecution a headache.
All of this ignores the fact that Mohammed’s trial is a red herring. The real issue at stake isn’t Khalid Sheikh Mohammed, it’s “Mohammed Mohammed” — the metaphorical Guantanamo everyman. We don’t have enough evidence to prosecute the majority of these detainees. We can debate the wisdom of releasing them, but before we do, let’s consider a few facts. A total of 759 detainees have been held at Guantanamo, while only 460 are held currently, with 136 approved for release or transfer. Meanwhile, 340 convicted terrorists are being held in U.S. prisons. That’s a lot of numbers, but the key statistic is that since Sept. 11, no terrorist attacks have occurred on U.S. soil.
Obama did not open Guantanamo Bay, but he has made it his job to close it. He has made the hard choice, taken the high road, and he is no doubt aware that one terrorist act from a former detainee could make his decision blow up — literally — in his face. Let’s hope the swift and peaceful resolution of this drama gives us all something to be thankful for.
—Jesse Jones is a sophomore in the College of Arts and Science. He can be reached at jesse.g.jones@vanderbilt.edu.
