Two things: 1. The Jihadists are not without their reasons for thinking Westerners have become weak in the face of danger and 2. War Criminals do not belong in civilian courts. Terrorism on this scale is not a criminal act--it is an act of war. Trying Moussaoui as if he were an ordinary mass murderer guilty of breaking the law was as insane, if not more insane, than the persona he presented to that poor jury. And I am not without some sympathy for them. There was some talk about jurors fearing for their safety and that of their families as a result of their service. Who could blame them? They didnt sign up for that job as do our brave fighting men and women. The military tribunal is the place that ought to have handled Mr. Moussaoui.
Peggy Noonan writes nicely about the miscarriage of justice. But, I think, misses the larger point that no matter what happened to Moussaoui at trial, we made a grave error in giving him that trial in the first place. Still, of course, death would have been a better sentence. As regular caller to the Hugh Hewitt show, Yoni (an American/Israeli citizen) pointed out, what were forgetting is that his living will inspire terrorists (foolishly, but nevertheless) to try and take hostages for bargaining. Every second he sucks air he endangers more American lives.