The Atlantic

Guantanamo and the Myth of Swift Justice

President Trump said he would consider sending the New York attacker to the military prison, but federal courts have a better track record.
Source: Bob Strong/ Reuters

President Trump on Wednesday labeled the U.S. federal justice system as a “joke” and a “laughing stock” as he called for “quick” and “strong justice” for terrorism suspects like Sayfullo Saipov, the Uzbek national who authorities say carried out Tuesday’s fatal terrorist attack in New York City. The president also said he would “certainly consider” sending Saipov to the U.S. military prison on Guantanamo Bay, Cuba, repeating a long-held position that terrorism suspects should not be tried by U.S. courts. Sarah Huckabee Sanders, the White House spokeswoman, said the administration considers Saipov an “enemy combatant.”

That line is consistent with Trump’s remarks since before he became president. During the 2016 presidential campaign, he would consider sending U.S. citizens to Guantanamo, where the U.S. has attempted to try terrorism suspects captured on the battlefield following the attacks of September 11, 2001no U.S. citizen has ever been sent there. His remarks Wednesday notwithstanding, the federal court system has been far more effective at trying and convicting terrorism suspects than the military courts at Guantanamo. Since the September 11 attacks, eight people have been convicted of terrorism at Guantanamo. , three convictions were completely overturned; one was partially overturned. Khalid Sheikh Mohammed, the alleged 9/11 mastermind who has been at Guantanamo since he was captured in 2003, has yet to be tried. Federal courts, on the other hand, have convicted 620 terrorists, including such figures as Zacarias Moussaoui, the so-called 20th hijacker, and Jose Padilla, the al-Qaeda member.

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