Prosecuting our Taliban

Shortly after learning that their son would be tried in a civilian court, rather than a military tribunal or court-martial, and that he would be charged with conspiracy and aiding terrorism, rather than treason and face a possible death sentence, the parents of the American Taliban said they “are grateful to live in a nation that presumes innocence and withholds judgment until all of the facts are presented. …” Given that John Walker joined a regime that drew its power from summary execution, random torture and unjust imprisonment, the contrast is blinding.

It is that contrast that makes the decision by the Bush administration to prosecute in civilian court the correct choice. The open, argumentative forum and the constitutional protections of civil liberties will be some of the best evidence, though presented subliminally, this nation can present to the world that the grievances against the United States the Walker defense will have to cite to justify his actions are without foundation. It will almost certainly be a trial with ample circus-like elements, but the distractions and irrelevancies – such as claims that Mr. Walker was but a confused, searching youth when he took up arms against his country and that he is a victim of permissive parenting – will be a small price to pay.

Likewise, the administration did well in defining the charges against Mr. Walker. The public is understandably appalled by his actions and many will question the Justice Department decision, for now at least, to not prosecute for treason, with its potential death penalty. As Attorney General John Ashcroft noted in announcing the charges Tuesday, not all conduct against the United States is defined in law as treason and the Constitution requires either a courtroom confession or testimony by two witnesses to an overt act.

The two charges being prosecuted – conspiring to kill United States soldiers in Afghanistan and aiding a terrorist group – each carries potential life sentences, each is appropriate to what is so far known and provable in court, about Mr. Walker’s activities. His training at al-Qaida camps, voluntarily undertaken after he was well aware of al-Qaida’s acts of terrorism against American targets, such as the African embassies and the U.S.S. Cole, will be especially damning evidence. The charges are extremely serious, the case the government can build should be strong and a public trial in a civilian court is the proper venue.