re: #334 SixDegrees

In many of the cases of terrorists tried and convicted domestically, the evidence was clear cut. Shoe bomber Richard Reid being but one example. He was caught trying to blow up a plane with explosives in his shoes.

That’s the closest example to the Mutallab case, and one that shows that the federal court system can work to deal with those kinds of cases.

Things get a whole lot more difficult when you deal with terrorists caught overseas that weren’t Mirandized and/or captured on the battlefield without regard to law enforcement considerations. Evidence isn’t exactly a priority in a battlefield situation (and nor should it be when the idea is to kill the enemy than prepare him for trial).