Andrew McCarthy on federal 9/11 trials: ‘struggle we’re in is a war, not a crime wave’

Syndicated talk-radio host Mark Levin spoke with former Assistant United States Attorney Andrew McCarthy this evening about AG Eric Holder’s decision to prosecute 9/11’s conspirators, Khalid Sheikh Mohammed and four lieutenants, in federal court a mere 6 blocks from Ground Zero.

“The Cole bombing did not prompt a military war against al-Qaeda. It eventually resulted in a civilian indictment that is still pending. The Pentagon is the ultimate military target, and the attack against it spurred both the war we are now fighting and the implementation of military commissions to try jihadist war criminals. Yet, Holder has decided to give KSM & Co. the protections of a civilian trial rather than the rigors of a military hearing. Given that humanitarian law has for decades strived to civilize warfare by protecting civilians, it is perverse to swaddle mass murderers in full Bill of Rights protections while those who strike military assets get second-tier due process. But the point here is that Comey and Goldsmith are purporting to defend “Holder’s reasonable decision.” How reasonable can Holder’s decision be if his defenders must substitute their own suppositions for his, which, as they admit, cannot withstand scrutiny.”

Mark prefaced their discussion with today’s report that three Navy SEALs are being prosecuted for bloodying the lip of a captured terrorist who had murdered four Americans in April 2004 outside of Fallujah, Iraq:

A fuller report and audio from today’s 911NeverForget.Us press conference is here.

Come join us in lower Manhattan, in Foley Square, across the street from the federal courthouse at noon, Saturday, December 5, 2009. Regardless of whether you can be there in person or not, you can be there is spirit by adding your name to the more than 120,000 people who have co-signed our letter to President Obama.

Update: Fox News report on press conference.

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