Constitutional Law

Fallout From War On Terror Threatens Rule of Law, Federal Judge Says

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When U.S. District Judge John Coughenour handed down a 22-year prison sentence to “millennium bomber” Ahmed Ressam, more than a dozen death threats resulted, and he and his family had to get special protection from U.S. Marshals.

None of the threats apparently were from Ressam or individuals in his circle, however. All seem to have come from anonymous individuals who may well have considered themselves law-abiding citizens and believed the sentence Ressam received was too light, a Seattle Post-Intelligencer columnist writes.

As such situations show, threats to the U.S. Constitution and the rule of law can come from within our own country as well as from extremists in foreign countries who threaten terrorist attacks, according to comments by the judge and other participants at a Museum of History and Industry program. It was held in Seattle last week in conjunction with the museum’s exhibit on The Enemy Within.

Recognizing the Constitutional rights of all, including terrorism suspects, is consistent with the need to protect our country, according to Coughenour.

“Are we really going to detain people for the duration of the ‘War on Terror’ without trial?” the judge asked at one point. “Do we believe the executive branch should be given carte blanche to say people are ‘dangerous’ and should be detained for the rest of their lives?”

Trying accused terrorists in military tribunals outside the standard U.S. court system not only threatens the rule of law, he suggested, but promotes the suspects’ agenda by inflating their criminal profile and thus their ability to strike fear into the hearts of Americans.

Related coverage:

ABAJournal.com: “Twice in a Week, Federal Appeals Court Axes Sentence, Remands to New Judge”

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