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Originally Posted by Ustwo
An enemy comando operating in civilian clothing was automaticly shot in wartime for being a spy.
This isn't a civilian level crime and punishment issue. Treating it as such is a mistake, and a common one of the left. Its a war, you treat it as a war.
The only mistake is that he is not in front of a military court.
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An enemy commando operating in civilian clothing would be shot by the army, not federal pentatentary system, and only if he targeted civilians or civil installations. Being caught as a spy isn't even necessarily a death penalty case. It depends on the circumstances, and it's certainly no absolute.
There is no declared war. Congress has not given the President any wartime powers. I agree that Moussaoui should be before a military court, but he's not so it's a moot point. There's too much to lose for the government using a military tribunal. A jury trial plays better to the rest of the world.
The really interesting thing here is that Moussaoui has been disavowed by most of the Al Qaida members in custody. They thought he as dedicated but a nutjob. None of the major players put Moussaoui as a part of the 9/11 plot - he may or may not have been a part of a second wave that was supposed to hit a few months later.
This guy wants to be a martyr more than anything else. He wants the death penalty because he thinks/knows that his death will be a big boost to his cause. If he gets death, he gets exactly what he wants. Letting him rot in prison is much more effective for everyone, I think. His claim that he was supposed to pilot a 5th plane with Richard Reid is laughable at best and hasn't been backed up with any intelligence, which was incredibly apparent by the prosecution's reaction to that claim. The whole trial is starting to stink like a show trial.