Special to CNN
Suppose that shortly after 9/11, when it became clear that Osama bin Laden and other members of al Qaeda were responsible for the attacks, President Bush had made the following announcement:
"Those responsible for these attacks are cowardly, vicious murderers, and we will pursue them to the ends of the earth to capture them. They are not warriors, they are criminals, and they will be treated accordingly. And once we catch them, we will bring them back to the United States and put them on trial right there in lower Manhattan so that a jury of 12 fair-minded New Yorkers can decide their fate."
Such an announcement would not have been controversial in the slightest and undoubtedly would have been met with widespread approval. After all, putting terrorists on trial in federal court is how we always dealt with terrorists, including the first group of murderers who tried to blow up the World Trade Center.
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