Dzhokhar Tsarnaev is charged with conspiring to use weapon of mass destruction

When Politics Supersede Common Sense and the Law

We should all be used to it now, but I still cringe at the bickering between our legislators.  The fact that the majority of disagreement is only superficial exposes the uselessness of our government.

I am neither a Democrat, or a Republican, nor will I ever be again.  Both parties are a failure, and both ignore the wishes of their constituents, and place their own gain above the American public.  We suffer a “dictatorship by politicians”.

A week ago Boston was attacked.  The brutal and cowardly act was allegedly committed by two Dzhokhar Tsarnaev is charged with conspiring to use weapon of mass destruction brothers, one who was killed in a firefight with police, and one is in custody.

Charges were filed Monday against 19 year old Dzhokar Tsarnaev while he lay in a hospital bed recovering from gunshot wounds, one of which may have been self-inflicted, and left him unable to speak.  He was captured Friday evening.

“Dzhokhar Tsarnaev is charged with conspiring to use weapon of mass destruction against persons and property in U.S. resulting in death,” said a state department official.

The office of the Attorney General, in conjunction with the President, made the decision to allow him to be tried in civilian criminal court, where he would not face the death penalty because Massachusetts repealed it years ago.

So what was the Republican response?  You guessed it, political posturing.  If “W” were still in office, they would have backed his position, but a black, Democratic President is wrong, no matter which side of a decision is reached.

McCain, and Graham, to name but two, want Tsarnaev to be tried as an “enemy combatant”, and would have no rights under the “Miranda” regulation.  He could then be tried in a federal court, and would receive the possibility of execution.

The definition of “enemy combatant,” is a designation that allows a suspect to be questioned without a lawyer and without being informed of his Miranda rights. It applies to foreign nationals caught on an enemy battlefield, but such definitions have become murkier in the “war on terror.”

After the decision, legal minds across the country voiced their opinions.  Because Tsarnaev is a United States citizen, ruling him an enemy combatant could be appealed to the courts, and most likely be reversed.  This would do nothing more than cost a great deal of money and time.

Tsarnaev was arraigned today in his hospital bed, according to Gary Wente, the circuit executive for the U.S. Courts in Boston. The complaint against him has been sealed.

This common sense decision by the Attorney General’s office and the state of Massachusetts is applaudble.

Continuing to use every decision made by the President to seek public disapproval is despicable.  It is no more than the politicizing of another issue that should not be discussed in the public press.

Continuing to polarize the American people for the solitary purpose of re-election is unconscionable.

Every citizen in the United States wants to see this domestic terrorist prosecuted to the fullest extent of the law.  But we must not lose the morality of a country for the sake of bringing one man to justice.  Anger over the unnecessary loss of life and injury, must not supersede our proud history of a tough but fair legal system.

James Turnage

Columnist-The Guardian Express

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