Without a Declaration of War, Prosecution of Khalid Sheik Mohammed in Criminal Court is the Only Constitutional Course

Notice something...

FoxNews commentators and talk radio hosts are complaining that Hassan, the accused killer of 13 at Ft. Hood, is not being charged with terrorism, but is, instead, being tried under military court marshal procedings. They want terrorism charges against him. Yet at the same time, they complain that Khalid Sheik Mohammed, the admitted "Mastermind of 9-11", is not being tried in a military tribunal.

It would be interesting to see how they can square these two opposing positions, especially given the fact that the US Congress has not declared War in the reaction to 9-11, thus not allowing for war crimes tribunals, and forcing the prosecution under US criminal code of any persons captured in these unconstitutional military operations.

For a look at the Constitutional issues in more depth, check out GG's piece for the Mises institute:

http://mises.org/daily/2545

For more on the KSM action, read this "news" story from the Washington Post and MSN:

http://www.msnbc.msn.com/id/33927889/ns/world_news-washington_post

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