Alan Jacobs


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The United States has dealt with American citizens who had commit acts of terrorism before. We Mirandized them, we charged them, we ensured that they had competent legal counsel, and we tried them in civilian courts where they received the typical rights and protections guaranteed to the accused. In none of those cases did this decision endanger more lives, prevent adequate prosecution, or otherwise present any threat to the country or its people.

Timothy McVeigh: killed 168 people. Injured over 800 more. Was motivated by political convictions. He was arrested, Mirandized, charged, appointed with legal counsel, and tried in a civilian court. Ted Kaczynski: killed three people. Injured 23 more. Was motivated by political convictions. He was arrested, Mirandized, charged, appointed with legal counsel, and processed through a civilian court. Eric Rudolph: killed two people. Injured at least 150 more. Was motivated by political convictions. He was arrested, Mirandized, charged, appointed with legal counsel, and processed through a civilian court.

If you recognize that the results of these legal cases were consonant with our system of jurisprudence and with justice, you cannot ask for a separate status for Dzhokhar Tsarnaev without supporting legal discrimination based on ethnicity and religion. To deny Tsarnaev the legal status conferred on prior domestic terrorists, or to support such a denial, is to abandon the most elementary commitment of modern jurisprudence, which is the equality of all people under the law. It’s to stand for legal bigotry.

Freddie is absolutely right.