CNN: Rivkin bolsters case for military tribunals over criminal courts

Former White House lawyer points to national security threats in Situation Room appearance

Published on February 16, 2010 by Brent Baldwin (OfficialWire) WASHINGTON, D.C.

Do criminal court hearings for terrorists pose a security risk for United States secrets? Lawyer David Rivkin thinks so. In an interview on CNN’s The Situation Room With Wolf Blitzer, Rivkin cited the example of terrorist Zacarias Moussaoui’s trial to show why military tribunals are better than civilian courts for terrorists.

“Moussaoui is an excellent example,” Rivkin said. “He ended up pleading guilty … but he was on the threshold of having the judge compel the government to disgorge a lot of information about results obtained during the interrogation of various high-value detainees.”

Terrorist trials have been the subject of heated debate since officials decided last month to move the trial of Khalid Sheikh Mohammed away from Lower Manhattan. Things got even hotter last weekend when Vice President Joe Biden argued with former Vice President Dick Cheney on the Sunday national television talk circuit. Biden said he felt the criminal courts were more effective based on their conviction rate. 

Among the arguments cited for military tribunals: They would not allow defendants to have a platform for their extremist views; they would be cheaper and eliminate political objections such as the one in New York; and our national security secrets would be better protected, as Rivkin illustrated on CNN.

“They [Biden and Obama] say that we are at war, but they don't act like it,” Rivkin said. “Our allies in Europe don't have the appetite for war, only our enemies. We need an honest debate, not this kind of misleading one promoted by Biden, Obama, and the left.”

The Obama administration more recently said it would be open to military tribunals considering there is no money guaranteed from Congress for a civilian trial. 
Rivkin added that the political game currently on display needed to get down to the most fundamental questions regarding criminal trials. 

“The debate should be: At what cost? The cost to security—disclosing information sources—or to safety, or ensuring protection of the location,” Rivkin said. “In both military and civilian trials, the best talent at the Justice Department can be deployed.” 


About David Rivkin
David Rivkin is an attorney in private practice and partner at Baker & Hostetler in Washington, D.C., who has had a lengthy career distinguished by service in the White House during two presidents’ terms, in the U.S. Department of Justice and in the U.S. Department of Energy. He is a well-known writer and media commentator on matters of constitutional and international law, as well as foreign and defense policy. He is a visiting fellow at the Nixon Center, contributing editor at the National Review, and a member of the Advisory Council at National Interest magazine. He currently serves as co-chairman of the Center for Law and Counterterrorism at the Foundation for Defense of Democracies. He also represents foreign governments and corporate entities on legal, political, defense, economy and public relations matters.

For more information, visit www.davidrivkin.com or contact:
David B. Rivkin, Jr.
drivkin@bakerlaw.com
202.861.1731
Suite 1100
1050 Connecticut Avenue, NW
Washington, DC 20036-5304