BALTERS: Giuliani should have Sept. 11 mastermind tried in New York

" I t gives an unnecessary advantage to the terrorists, and why would you want to give an advantage to the terrorists, and it poses risks for New York," said Rudy Giuliani in an interview for CNN's "State of the Union" this past Sunday. The former mayor of New York was slogging away at his fight to keep the trial of Khalid Sheikh Mohammed out of civilian court, desperately trying to cram as many terrorism references as possible into a single sentence. One can forgive car-wreck rhetorical tactics and the ineloquence of his argument, but his overall point and effort cannot go unchallenged.

Khalid Sheikh Mohammed, the 9/11 mastermind, should be tried in New York. Any awkwardly delivered fear-mongering from Giuliani or another neoconservative all-star could rob America of a victory for both the war on terror and liberal democracy. It also threatens to mislead. What we've heard so far, especially with regards to legally benefiting terrorists and putting people at risk, is categorically incorrect.

In September of 2001, what was once Mohammed's daydream materialized, paralyzed the populace and killed more than three thousand. Rural Pennsylvania and a few sections of the Pentagon each suffered their share of the attack.

But it was the streets of lower Manhattan, rained upon by rebar and molten steel, that absorbed the brunt of the blow. There, Giuliani stood hand over mouth, eyes fixed as the hopeless leapt from the burning inferno near the top floors. Less than an hour later, he'd see his city's fire and police force consumed by falling concrete in an implosion that left he himself wandering around in a cloud of dust like a soldier stupefied from a mortar round.

So, one wonders why, after the ensuing eight-year manhunt has produced the key conspirator behind the cowardly acts, Giuliani doesn't want him flown back to New York, and marched down to the district courthouse, mere blocks from where the World Trade Center once stood, to face his judgment.

Instead, he favors a closed military tribunal, far from New York. One warning from Giuliani, during his interview with John King, accused Obama of forgetting about the "War on Terror," but as his preferred venue shows, it's Giuliani who has lost sight of the struggle.

The "War on Terror" is arguably the vaguest of conflicts ever to be undertaken, and for it to be anything near successful, it must extend beyond people like Mohammed and be more than just a cave to raccoon hunt for terrorists. His trial would do more than just put an asshole away. It would show that after our country was simultaneously kicked in the teeth, stomach and balls, we did not sacrifice our values. Convicting Mohammed in civilian court would be the capstone of an effort to deal with a tragedy with dignity. It would signal the undaunted triumph of the mechanics of the Constitution in the face of chaos and fear.

In reference to Giuliani's original quote, any "advantage" a New York trial lends to Mohammed or any threat to the city's security are part of this chaos and fear. They are worth risking because they are worth struggling against. They are meant to be overcome and not constantly avoided. This belabored point aside however, in this specific case, Guiliani's point proves invalid.

Guiliani is a former head prosecutor from the very district where Mohammed is slated to be tried. To be wary of a potential acquittal isn't exactly praise for his own old team. And what good player or coach wouldn't prefer home field advantage for the rivalry game? It's not the easiest of tasks to imagine the city of New York not convicting Mohammed on its own soil, and even if in the most alternate of universes that occurs, to be released as a free man on that city's streets would be a death sentence in itself.

Then, in regards to safety during the trial, Congressional Rep. Jerrold Nadler put it best saying, "New York is not afraid of terrorists. Any suggestion that our prosecutors and our law enforcement personnel are not up to the task of safely holding and successfully prosecuting terrorists on American soil is insulting and untrue."

America is in war of symbols. Our enemies know that better than we do. They attack two towering symbols of American prosperity and economic might, we oust a dictator whose secular governing style stood in opposition to the terrorists' fundamental ideology in the first place. We cannot afford to waste this opportunity to win a symbolic war and show our enemies our way of life and sane system of governance has not been rattled one bit by their efforts.

Steven Balters is a sophomore Philosophy major. Reach him at stevenbalters@dailynebraskan.com.