Why is the rule of law important? This question has been asked a lot lately, and has gotten a pretty wide variety of answers (from both left and right of center).
I approach this from a different perspective: namely, by sticking to the rule of law, we expose the weakness of the terrorists' argument against us.
For most jihadis, the US is the "far enemy." We are difficult to reach and even harder to hurt. Their goal is to one day confront us directly, but they can't (except for in Iraq and Afghanistan, which is another story).
The more accessible targets are the "near enemies," those regimes that are allied with the United States. Examples include Egypt, Saudi Arabia, and Pakistan. Now, why would jihadists hate these regimes? Because of our freedoms? Because they don't "like" us? I don't think so. They hate their "near enemies" for a variety of reasons - our support just adds fuel to the fire.
Egypt: Been under a state of emergency since 1981. Persecutes, attacks, and bans opposition political parties. Has an economic system that cannot absorb millions of college educated young men that the schools produce (that's why there are so many Egyptian expats around the world in medicine, engineering, and law).
Saudi Arabia: Ruled by the Saudi family for generations. Little to no rights for their women. Promotes wahhabism, a strict form of Sunni Islam that promote Islamic (
sharia) laws - laws that, by the way, hundreds of Saudi princes openly ignore.
Pakistan: In its 60+ years of existence, Islamabad has never exercised control over, or provided services to, the entire country. Has had a string of military dictators who routinely broke Constitutional law in order to achieve their goals. Uses an intelligence agency (ISI) to promote PK's agenda across the region through espionage and covert activity.
This is just three countries in the region with close ties to the US. I could go on without even touching Israel.
The common thread among all of these countries is the blatant disrespect for the law. Those governments will follow and enforce the law, but only when it suits their needs. When it doesn't, then they make up their own rules.
Sound familiar??When jihadis see the USA violating its own laws, they say, "See? The US is just like the illegitimate, apostate goverment in your (pick a Middle Eastern capital city)! Why should you believe anything they say? The only real law is
sharia, the law of Islam!" Believe me when I say that this message resonates with more than a few folks across the Middle East.
Now, imagine what will happen when we put the Gitmo folks on trial, in an open court, in front of a civilian jury, with competent defense attorneys, and presented the evidence of their guilt.
The Middle East will see, first hand, how the US follows the rule of law.
- Will the defendants make a scene? I can almost guarantee it.
- Will some embarassing stuff will come out in trial? More than likely.
- Is a "guilty" verdict guaranteed? There is no such thing when dealing with a jury.
- Will politicians and talk-show hosts try to make political hay out of the proceedings? I can guarantee that.
But, by doing so, we will show that our system of laws is more powerful than the fear of embarassment, political convenience, or a bad verdict. Regardless of the possible outcome, the law ensures that our victims and suspects are heard, evidence is presented and challenged, and that the jury alone determines for the verdict.
Isn't that what we're supposed to be fighting for?