I was intrigued with Kevin Baker’s “War and Our Freedoms: The Trouble With Military Tribunals,” which appeared in the April/May “In the News” column. Here is a different view that I hope you will consider publishing.
The War of September 11 has yet again raised tensions between American security and liberty. It has not been the first time. The use of military tribunals rather than the normal justice system occurred, for example, during the Revolution, the Mexican War, the Civil War, and both world wars. Yet questions remain about the degree to which terrorists—known as “unlawful combatants” in legal jargon—are entitled to legal protection.
Abraham Lincoln suspended the writ of habeas corpus and authorized such forums to try terrorists because the tribunals could act quickly, gather intelligence through interrogation, and keep potentially lifesaving information from becoming public.