A Normal War Glenn Reynolds of Instapundit has commented:
…almost every argument in favor of military tribunals invokes Johnnie Cochran, Alan Dershowitz, and the O.J. trial.
This may be the point of some but it is certainly not my argument. Enemy soldiers and leadership are not tried in civilian courts. The Bush Directive is rather lenient. In wartime a citizen who works for the enemy is tried for treason in a military court and then shot. The same is true for spies and saboteurs unless their continued existence is of use to the war effort. One need look no further than the fate of German agents who attempted to infiltrate England during the war.
They’re dead.
Under normal wartime practice, any al Qaeda found operating within the United States who are not in uniform and are found guilty of espionage or attempted or actual sabotage would be executed after a military trial. If the persons who attempted access to a West Virginia powerplant were caught, they would be tried as war time spies and sabatours. The persons distributing Anthrax in mail would also be liable to war time law and subsequent execution as sabateurs.
War isn’t a nice game. You play it rough and the stakes are your life.
