I think our criminal justice system needs to deal with this. Here are my thoughts...
First of all, there needs to be a legal definition of terrorism, if it doesn't already exist.
Next, it must be agreed that foreign terrorists are not treated as regular criminals in our normal justice system. They should be treated as enemies in a military sense.
Domestically, there need so be a distinction made between what I would call domestic terrorism -- the cooperation of a US citizen and a foreign terror group, and terror crimes -- crimes that fit the definition of terrorism, but are not tied to a foreign terror group.
Those who commit domestic terrorism should be treated like foreign terrorists.
Those who commit terror crimes should be treated like other criminals in the US justice system, but face steeper penalties, like those outlined in hate crimes.
So as I see it, an American who plants bombs while working with the Taliban would be treated the same as a Saudi Arabian, or Yemani, etc. Taliban member who does the same thing.
On the other hand the uni-bomber would have Miranda rights, etc., but when found guilty could face punishment options that are more severe than what currently exist.
Forgive me for rambling, I'm just working the thoughts out now ... sort of a rough draft...
Foreign terrorist = military justice system
Domestic terrorist working with a foreign body = same as foreign terrorist = military justice system
Domestic terrorist not working with a foreign body = "terror criminal" = American justice system, with potential of different sentencing options, like hate crimes.
Well, unfortunately Obama and Holder are "civil libertarians" from the ACLU school of law and don't see the distinction. Until just recently the divide was well decided but the Supreme Court decided to make new law. In the OLD method the domestics would be treated like spies and charged with treason and other appropriate charges. The Unibombers would be tried on the appropriate charges with the applicable enhancements, but it's now a whole new world with a naive Marxist neophyte at the helm, ..... who knows where we'll end up.
So as I see it, an American who plants bombs while working with the Taliban would be treated the same as a Saudi Arabian, or Yemani, etc. Taliban member who does the same thing.
WASHINGTON — The Obama administration has taken the extraordinary step of authorizing the targeted killing of an American citizen, the radical Muslim cleric Anwar al-Awlaki, who is believed to have shifted from encouraging attacks on the United States to directly participating in them, intelligence and counterterrorism officials said Tuesday.
Terrorism/domestic terrorism.
