Re: so here's a question concerning this......sort of. if we capture the tall guy.......that's bin laden. who will mirandize him from the cave or where ever we find him........
and when he is in court with his ACLU FREE lawyer, will he have to give up any secrets about planning the murder of so many.....or what????
Well, first Bin Laden is a millionaire, so no free lawyer unless Bin Laden proves that he has no money, and just doing that would be embarrassing ("Hey Americans, help me out. I'm Poor. I'm Poor!") to Bin Laden.
They next point is that we may WANT to try Bin Laden and not because a trial gives him rights. Instead, a trial is the only way to dramatize again just how bad 911 was and how evil Bin Laden is. This is why the Allies had Nuremburg and why the Israelis tried Adolph Eichmann.
Then, Bin Laden would probably prefer a swift bullet to the head over a long drawn out trials process. Why? Because he would think that a summary execution or death in combat will help his cause, make him a martyr among Muslims, where sitting in a public trial makes him look like a creep. And he would prefer to exit like a hero.
The next point is the assumption that if we bring Bin Laden to trial he has a chance of winning. This takes little effort to disprove. In his first trial, the federal trial, he would be charged with terrorism, attempted terrorism, some 3,000 first degree murders, ditto for second degree murders, ditto for manslaughter, ditto for kidnapping.
The jury would see again the planes crashing into the Twin Towers, hear the accounts of people jumping to their deaths, hear their last recordings to their families. No, I do not think there is much chance of him being found NOT guilty.
Then, perhaps you did not know, the Supreme Court has ruled that it is NOT double jeopardy to be tried for a crime in a federal court and then for the exact same crime in a state court. Indeed, that it a States' Right. So then there could be three additional trials: in New York criminal court, Virginia and Pennsylvania. It is unlikely that he would be found innocent of all charges in all four trials.
And then, in the extremely unlikely event that Bin Laden were to win all four trials, why then we can extradite him to another country that is seeking to try him. One of them is Saudi Arabia, where he has absolutely no chance of winning a trial (the royal family hates him) and they cut peoples' heads off. Of course, he could fight extradition to Saudia Arabia, but that would also be embarrassing to him (it would imply that he admitted that the USA is better than a Muslim country, at least for a criminal) and he would have little chance of winning that suit.
Of course, all this is absurd; we haven't even come close to capturing Bin Laden. But I did want to make the point that giving someone the right to trial is not necessarily a great benefit to them. Indeed, it can be a benefit to us. First, it shows the world that the USA is fair and humane, a long-term benefit. Then it shows the world that the criminal is miserable and evil.
Now you could get some of this benefit by trying him at a military commission under the MCA, but nowhere near to the extent. Think of the difficulty of holding very public trials, with hundreds or thousands of journalists at Guantanamo.
Think also, the judges at MCA trials are essentially military legal bureaucrats. If they see evidence that some 3,000 people died, they do not need to see the pain and suffering again. In other words, the trial would hardly be as dramatic as an ordinary criminal court trial.
And finally, the guilty sentence pronouncement from a military court would be a simple "guilty," but the statement from a criminal court judge would be likely to be along the lines: "I have sentenced rapists and murderers, but no one was as contemptible as you."