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Friday, February 22, 2008
Paul Greenberg :: Townhall.com Columnist
Terrorists' Rights
by Paul Greenberg
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In another case of gross disregard for due process, a senior leader of Hezbollah was blown apart on a Damascus street last week without even a by-your-leave, let alone being read his Miranda rights.

Imad Mughniyeh's dossier may have been extensive, but he never got his day in court. Indeed, he seems to have done everything he could to avoid it. It's said he was unrecognizable even before last week's blast, having undergone plastic surgery more than once in order to avoid the kind of unpleasantness that finally did him in.

The notorious Mr. Mughniyeh met his end in K'far Soussa, a fashionable Damascus neighborhood, where he was said to have been visiting Iranian friends. (Syria is notably hospitable to foreigners, at least if they're supporting terrorists.)

From a humble peasant background, Imad Mughniyeh had risen to the top echelon of Hezbollah by dint of devoted service. His resume, aka rap sheet, goes back at least to 1983 and the bombing of the Marine barracks in Beirut, which killed more than 300. He's also been credited with the murder of 63 the same year in an attack on the American embassy there.

Imad Mughniyeh is said - mere hearsay again! - to have been behind the hijacking of a TWA jetliner that went on for 17 days and included the beating, torture and eventual murder of Petty Officer Robert Dean Stethem, U.S.N., who was singled out for special treatment. (At the time, Americans swore we would never forget him, but of course we pretty much did. Just as the memory of September 11, 2001, grows dim in the American memory, and those who recall it in this election year are dismissed as, yes, fearmongers.)

Space, and the shadowy nature of a career in terrorism, a crowded field these days, does not permit a comprehensive review of the exploits attributed to the sanguinary Mr. Mughniyeh, or a full account of the blood debt he ran up. Suffice it to say that more than one intelligence agency had a powerful incentive to collect it.

As head of Islamic Jihad in Lebanon during the chaotic 1980s, the tireless Mr. Mughniyeh supervised the kidnapping of dozens of Americans and other Westerners for ransom. But a man's got to make a living, doesn't he?

By the 1990s, Imad Mughniyeh was actually indicted - in Argentina of all places. He was charged with the bombing of a Jewish community center in Buenos Aires, which killed 85, and was named in an arrest warrant in connection with an earlier blast at the Israeli embassy there. His connections to both were so clear that even Argentina's lax authorities finally had to take notice. (Gentle Reader may recall that always simpatico Buenos Aires was the sometime home of a mild-mannered genocidist named Adolf Eichmann before he was extradited to Israel with shocking disregard for the formalities.)

The FBI almost caught up with the elusive Mr. Mughniyeh in 1995 during a scheduled layover of a Middle East Airlines flight in Saudi Arabia, but our ever helpful Saudi friends, with their well-known regard for civil liberties, waved the plane on. Again and again, the long arm of the law proved remarkably short in the case of Imad Mughniyeh. Not till last week did he who lived by the car bomb die by it.

But what solid evidence was there against the much sought-after Mr. Mughniyeh except a raft of investigations around the world, maybe a trial in absentia or two, and common knowledge?

As an Arkansas legislator of my acquaintance likes to tell people who say they've heard so much about him, "They never proved those charges!"

On the basis of apparently only coincidental if convincing evidence, the secretive Mr. Mughniyeh's nice car now has been reduced to a smudge on the asphalt of a fashionable Damascus street - without even a preliminary hearing, a writ of habeas corpus, or a FISA warrant. Where is the ACLU when you need it?

The sudden, not to say explosive demise of Mr. Mughniyeh is part of a disturbing pattern: Start by blowing up notorious terrorists and soon you'll be tapping their phone conversations without a warrant.

Just imagine what might have happened to this innocent (until proven guilty) subject if he had come into American custody. Why, he might have been waterboarded!

Oh, the horror. Look what happened when Khalid Sheikh Mohammed, now formally accused of having been the driving force behind the attacks of September 11th, was subjected to this watery treatment. Word is it took only 45 seconds or so before the previously recalcitrant terrorist decided it would be the better course of valor to reveal al-Qaida's table of organization in Europe, information that may have spared who knows how many lives.

But what are mere lives compared to the polemics of pundits, politicians and other such purists? Waterboarding, they have concluded, is torture, and torture is illegal, ergo waterboarding was, is and always will be illegal. No need for a court actually to rule. Yet this stubborn administration refuses to forswear its theoretical use in the always unforeseeable future, as if circumstances might still alter cases. Continued...

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Subject: Peter J. Gay
To answer your question as to who decides who is an enemy combatant:
The determination of enemy combatant status has traditionally resided with the military commander who is authorized to engage the enemy with deadly force. In this regard, the task ultimately falls within the President’s constitutional responsibility as Commander in Chief to identify which forces and persons to engage or capture and detain during an armed conflict. Of course, there is no requirement that the President make such determinations personally, and in the vast majority of cases he does not do so. Rather, consistent with longstanding historical practice and applicable rules of engagement, the task is normally a function of the military command structure.

In the current conflict, military personnel ordinarily make enemy combatant determinations during combat operations, under the combatant commander’s direction. With respect to individuals captured in the United States, to date DoD has detained only Abdullah al Muhajir, also known as Jose Padilla. The President, as Commander in Chief, determined that Mr. Padilla is an enemy combatant. (Council on foreign relations)

For constitutional authority, I suggest you read Article II of the Constitution and also read the Geneva Convention (if you can stay awake...it is dry)

Liberals...
Don't know the difference between the words target and accused.

This blather about needing to prove someone guilty of being a terrorist is obtuse extrapolation and utterly devoid of common sense. If a person is in Hezbolla, that person is a target and should be killed. If a person is in Al Qaida that person is a target and should be killed. The association with the group which has declared war on the USA warrants their death whith extreme prejudice. The more we kill the better off we will all be.

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