By Kelly Moeller

Jun 19, 2008 10:04am

McCain Wants to Kill Bin Laden (But He’ll Give Him Habeas Corpus Rights, Too)

The McCain campaign answered my question about what a President John McCain would do if Osama bin Laden were captured.

McCain would abide by the US Supreme Court decision to grant all detainees — including, hypothetically, bin Laden — Habeas Corpus rights.

“The recent Supreme Court ruling grants unprecedented access to US civilian courts for enemy combatants like Osama bin Laden," senior McCain adviser Randy Scheunemann emails. "Senator Obama agrees with the Court decision and wholeheartedly supports granting habeas rights to terrorists.  Senator McCain strongly disagrees with the decision that Barack Obama supports, but will of course abide by Supreme Court decisions."

And then Scheunemann adds: "Under President McCain, Osama bin Laden would either be killed in combat or brought to justice — and that means the death penalty."

Why the mention of the death penalty?

Because Sen. Barack Obama, D-Illinois, yesterday, said if bin Laden is captured, "I think what would be important would be for us to do it in a way that allows the entire world to understand the murderous acts that he’s engaged in and not to make him into a martyr and to sure that the United States government is abiding by the basic conventions that would strengthen our hand in the broader battle against terrorism."

The notion that putting bin Laden to death would ultimately only serve to inspire more terrorism against the U.S. was explored by TIME international editor Michael Elliott in December 2001, who wrote, "if America’s reaction to that atrocity inspires a generation of young Muslims to commit themselves to armed struggle against the West, bin Laden wins. Then all the money spent on space-age pilotless planes and U.S. special forces, with their night-vision goggles and heat-seeking sensors, has been wasted, and all those who were killed on Sept. 11 have died in vain."

This of course is a bit of a contrast with Sen. McCain’s promise to follow bin Laden "to the gates of hell."

- jpt

User Comments

Let’s clarify this: He wants Bin Laden dead, but first Bin Laden needs to move to Irak.
And don’t even get John started by suggesting blowing up Bin Laden if he won’t come out of his cave in Pakistan. John will blow a fuse if you suggest this.

Posted by: The Commander Guy | June 19, 2008, 10:21 am 10:21 am

“Senator Obama agrees with the Court decision and wholeheartedly supports granting habeas rights to terrorists. Senator McCain strongly disagrees with the decision that Barack Obama supports, but will of course abide by Supreme Court decisions.”
love how they say obama would grant rights to terrorists
lol
obama isnt, the united states is, as we have always done…
why do mccain bush and the republicans hate the constitution?

Posted by: bhrandon | June 19, 2008, 10:22 am 10:22 am

McCain is a flip flopping, pandering disillusional old coot! He says something different everyday. He is worst than Clinton with his misspeaks.
Who is in control of McCains brain?
Bush?
Lobbyist?
Big Oil?
Answer = Cheney

Posted by: Don't tread on me | June 19, 2008, 10:27 am 10:27 am

Mccain wants to give terrorist rights.Hmmm not what he said yesterday. Put hey at least he has a position on it now. He probably can’t remember what he said yesterday.. But at least their is some hope. All are leaders aren’t frickin commies like Bush Cheny!
But how are we goning to find him if he isn’t in Iraq? Are we going to trust the afganis to do it? Or the pakastanis I mean the should we give them 10 billon a year for nothing so far.

Posted by: Joe | June 19, 2008, 10:28 am 10:28 am

They have no credabilty on terrorisum. it was the rebups in power when we got hit. It was the reubs who can’t find osama 7 years after the fact its the rebups that lied to get us in iraq and the repubs with a failed plan in afganastan. Honestly I can’t believe people buy this BS they just feed on fear and try to keep americans scared of other peole.

Posted by: Joe | June 19, 2008, 10:37 am 10:37 am

You know bhrandon I kinda liked some of mccains positions when he started this. But what you just pointed out is so true. He was kind of the middle fo the road guy now it’s like Cheny pitched hime to bush and bush just smacked him out in the way right neo con field. I just don’t understand how a war hero can throw all his principles under the bus like that. But you know rebubs lie cheat steal to get into power I guess I was just hoping Mccain was diffrent.

Posted by: Joe | June 19, 2008, 10:47 am 10:47 am

Still laughing, John Mccain the flip-flopper. He wants to appeal to everyone. Wants drilling today, do not want drilling tomorrow. Abide by the constitution today, tomorrow will not abide. That is John Mccain.

Posted by: vuzous | June 19, 2008, 10:47 am 10:47 am

I’m for Obama but the death penalty might not be such a bad thing for Osama. I don’t like the death penalty because of the chance for errors in the cases of average citizens where the evidence might not be great and asymmetric resources by prosecution and defense. That would not really be the case here in terms of making a mistake.

Posted by: Mr. Coffee | June 19, 2008, 10:48 am 10:48 am

Let me get this straight: Should bin Laden be captured alive, McCain thinks he should not be allowed to have his case tried before a court. But because of the Supreme Court ruling he will now reluctantly accept that bin Laden be brought to justice.
I guess this makes sense to a Republican mind.

Posted by: El_Pajaro | June 19, 2008, 10:57 am 10:57 am

No El,
When liberals aren’t calling the shots combatants are tried in military courts, not civilian courts. McCain is simply stating what most sane people are thinking. Why give rights to a monster on a civilian level, when he should be dealt with in a military court for war crimes.

Posted by: Bob | June 19, 2008, 11:06 am 11:06 am

It is more probable than not that Bin Laden is dead but his followers certainly are not going to tell the USA that. Besides, there are others that can take his place. Eight years and counting to capture this guy and no real idea where hs is. We do have such great intelligence. Billions and billions spent plus all those dead and injured troops. FOR WHAT???????

Posted by: Mary | June 19, 2008, 11:12 am 11:12 am

Obama may not be coming completely clean on why he opposes the death penalty for Bin Laden. He uses the “martyr” argument, but it seems to me that imprisoning a man for life in an enemy country could also create fuel for recruitment.
We know that Obama opposed the death penalty for gang members in Chicago, his reasoning being that since blacks and Hispanics largely make up gangs, the death penalty would disporportionally impact those two groups. Following that reasoning, since Muslims largely make up terrorists, it would disportionally impact that group to sentence terrorists to death. Might this be what Obama is really thinking? Who can say; we have so little to go on and we know the actual words he speaks don’t provide many clues.

Posted by: HoosierSue | June 19, 2008, 11:17 am 11:17 am

No El,
“When liberals aren’t calling the shots combatants are tried in military courts, not civilian courts. McCain is simply stating what most sane people are thinking. Why give rights to a monster on a civilian level, when he should be dealt with in a military court for war crimes.”
Bob,
Your statements are fundalmentally flawed. What is the definition of this “monster” you are using to discribe these humans? I think a person who rapes children is a “monster,” but we still give them a fair trial in civilian courts.
What you are suggesting is that the rights that america bases its stadards on, our constitutional rights, do not apply to people who are not american. If we, as the great country of America, want to show other countries that democracy works, we NEED to treat every human with the same rights that we would treat other Americans. To do less is to show a class system in which we, as Americans, are better then other people simply because of the country we live in.
In order for the rules of our country to ring true to the world, our rules NEED to apply to every human being on this planet. NOT the just the people that we deem worthy because they were born on the chunk of land called AMERICA.

Posted by: Tim | June 19, 2008, 11:38 am 11:38 am

“He is out there playing the fear card, and now is taking a stance on the death penalty…”
B, the Obama 527 moveon.org is running a commercial on the local stations here showing a young woman talking about her baby and how she will not give him up to McCain’s hundred year war.
The fear card is rather popular among Obama supporters except they say it isn’t fear but common cause.
The truckers of America are telling us that at the cost of gas, they are going to have to park their trucks. The airlines are being forced to get rid of routes. Food prices skyrocket as the energy crunch hits all markets. Obama says we can’t use short term solutions because he doesn’t think they are smart and we can’t change our minds about drilling offshore because that might have environmental consequences. He says we can fund a Manhattan Project to give his supporters in Sily Valley money to develop new technologies. Otherwise we have to hunker down and suffer. Very Jimmy Carter. It doesn’t work. I am old enough to know that.
At what point does the incredible hypocrisy of your candidate start to penetrate your thinking? He preaches divisiveness, uses fear, threatens and offers no solutions, then you criticize the candidate that is being a realist.
Sorry kid, but mau mau doesn’t work on people who aren’t afraid. I may be uncomfortable for awhile, but I believe this country has all the smarts and resources it needs. What it has lacked for the last eight years is competent executive leadership. IMO, the most competent candidate was chucked by the DNC and a sexist media. That I can’t change, but I can pick among the two lesser evils that remain. When it comes down to competence and leadership, it seems to be McCain by a mile because Obama is hollow.
I’m willing to wait until November to make a final decision on that while they make their case. Obama is making a very weak case so far.
I am not afraid of the future or Obama. I do want to get down to the solutions short term or otherwise because time is not our friend in these economic straits. At current prices, when winter comes, those people in the Chicago tenements that Obama organized are going to be freezing unless they can start fires with his campaign literature.

Posted by: len | June 19, 2008, 11:42 am 11:42 am

obama would be a nightmare for the USA if elected. He’s a greater liar than Bill Clinton and is given a pass because he is black. He couldn’t be more wrong on so many issues.
Bin Laden has to be captured and brought to justice in the same manner that the former president of iraq was. Bin laden masterminded the WTC attacks! Are you kidding me? Can you imagine this debate after Pearl Harbor.
What’s worse is that Obama is going to just sink our economy with his ridiculous Keynsian solution to a supply side problem. The last thing Americans need is another reason to SPEND more money … that is, MORE DEMAND. We need less consumption and MORE savings. If you love the environment, why consume more and produce more waste? The Dems are so wrong on so many issues the first one being nominating this CLOWN, this ENTERTAINER.

Posted by: mordezles | June 19, 2008, 11:43 am 11:43 am

This of course is a bit of a contrast with Sen. McCain’s promise to follow bin Laden “to the gates of hell.”—-
well that contrast is way before the supreme court made that idiotic decision
might as well capture the terrorist, get the information outta them, let them escape, & shoot them down. that will bypass the courts decision.
you see, a stupid judgement is offered with a counter logic. lol

Posted by: cyrus | June 19, 2008, 11:54 am 11:54 am

Mr. McCain knows how soldiers react to captivity. His experience is first hand. He has an edge in this argument.

Posted by: texasdemocrat | June 19, 2008, 11:59 am 11:59 am

I do not believe that anyone with a decent education could support McCain.
Unless, this said person, refused to do any work looking up the facts behind the smears.
Educated poeple like Obama. Polls and statistics that show this.

Posted by: Harvard Grad verse 2nd last | June 19, 2008, 11:59 am 11:59 am

Bob,
to the best of my knowledge they will still be tried before a military tribunal. All the SC ruling says is that to incarcerate someone you must have some basic evidence to establish a suspicion. A habeas corpus hearing will not see all the evidence of a case and it will not rule on the question of guilt. It is a basic step to prevent abuse of power, nothing more.

Posted by: El_Pajaro | June 19, 2008, 12:10 pm 12:10 pm

Really a torture nation? oh my goodness we made the prisoners stand too long, or we had dogs bark at them… Really this is torture?
What should we do? Mr Terrorist here is some milk and cookies now please please tell us where you friends are and what your plans are.
As far as the constitution not applying to those who are not citizens is close to correct. To those who are not caught in the united states and not citizens how can our law extend to them.
You say America is too arrogant always thinking we are right. Well you are right you liberals just extended our civil law across the entire planet.

Posted by: Are You Kidding | June 19, 2008, 12:49 pm 12:49 pm

I guess people forgot that clinton tried to use police force in the 90′s & indicted bin laden. look what happen uss cole & 9/11. obama method to try a terrorist will b on the burden of the tax payers.
supporters of obama & his winnie the poo foreign policy are nuts!!!

Posted by: cyrus | June 19, 2008, 12:53 pm 12:53 pm

Sheeple, Osama is dead and has been for 3 years, He is not in Pak, He is dead. Do some research, read old speaches, the words he uses, the phrases, are all wrong, Bin lauden is just a boggy man they bring out to strike fear into the foolish and fearful. Read more think more, quit being the sheeple of the United States, and start being People, with minds that open and unafraid, I am not afraid of 2000 terroist in the world, Those of you that are should be ashamed

Posted by: RaferJanders | June 19, 2008, 1:00 pm 1:00 pm

To Harvard Grad,
Educated people like McCain as well. People are simply brainwashed by Obama and usually like him for one of two reasons.
He is…
non-white
young

Posted by: Joseph | June 19, 2008, 1:03 pm 1:03 pm

Obama on the death penalty and bin Laden on July 20, 2007:
“The first thing I’d support is his capture, which is something this administration has proved incapable of achieving. I would then, as president, order a trial that observed international standards of due process. At that point, do I think that somebody who killed 3,000 Americans qualifies as someone who has perpetrated heinous crimes, and would qualify for the death penalty? Then yes.”

Posted by: El_Pajaro | June 19, 2008, 1:04 pm 1:04 pm

All of you with all the answers, remember that all the information given to us before entering Iraq was a lie. McCain or Obama will protect the American people. You have the intelligence to listen and decide and Barack is far more qualified for the tough decisions than a hot headed McCain that all Senators know is not fit to serve as commander in chief. He was a POW, hero, but not informed enough, not intelligent enough, and he is really confused and yes he’s old and that may be the reason he’s confused. Look at Joe when he corrected him. It was as if he was an old uncle you just agree with because you love him not agree with him. We need new leadership and a new direction, neither can John McCain provide. George Bush can be president any one has more experience and intelligence, you know that’s true.
It will be nice to turn the tv on and expect intelligent comments and policy from the lader of the free world, that has been missed.

Posted by: Honay Rogers | June 19, 2008, 1:17 pm 1:17 pm

I forget who was President on 9.11?

Posted by: cyrus the lyarus | June 19, 2008, 2:13 pm 2:13 pm

We simply need to make all detainees Enemy Prisioner of War. Therefore, according to Geneva Conventions they can be held without trial until the end of hostilities.

Posted by: Greg | June 19, 2008, 2:21 pm 2:21 pm

cyrus the lyarus:
I Forgot Who was President 8 Years
prior to 9/11?
Whose Attorney General set up the
intelligece wall between the FBI and
CIA that prevented them from sharing
information, resulting in the 9/11
plot not being discovered in time?
Your Buddy Bill Clinton That’s Who!

Posted by: reaganfan | June 19, 2008, 2:27 pm 2:27 pm

The only person I’ve seen suggest that Obama has “superhuman” intelligence is the Republican wanting to dispel the myth. What he does have is not only superior intelligence, but also the temperament of a rational, thoughtful leader, unlike ol John who graduated near the bottom of his class, then displayed how little he had learned about flying by crashing 2 or 3 planes. McCain gets mad at the drop of a hat and insults and tries to intimidate his target. It’s laughable for an ol codger to behave this way, even with his wife.

Posted by: Javalation | June 19, 2008, 2:30 pm 2:30 pm

I think that some of you that have left comments need to re-read the article. No where does it say that Obama doesn’t believe in the death penalty for Obama, it states the he believes we should handle it in such a way to let the world know that we were not just on a bloodlust hunt for him. Afterall, hasn’t the war on terror enlisted many different countries, so it seems to me that the most notorious terrorist’s capture would be a more international issue. I agree completely with Tim, we’re all humans on this planet, and everyone needs to be afforded the same rights. Now, after saying that, I would fully support the death penalty sentence, and expect it if he ever is captured, but I would rather a civilized process be carried out, otherwise what separates the terrorist from the civilized world.

Posted by: capable_reader | June 19, 2008, 2:50 pm 2:50 pm

It is funny, everytime I read these blogs, I wonder that if we took out the ignorant and misinformed comments, what would be left? It would be the Obama supporters! Sorry, its true. I am embarrassed that our country is 29th in the world in education and always a century behind other 1st world countries in almost everything. Come on people! Lets stop being the laughing stock of the world! Enough is enough!!!!!

Posted by: TheCory | June 19, 2008, 2:52 pm 2:52 pm

So John supports Habeas Corpus , and the courts. Why as commander and chief he is supposed to. So why is he running against the Constitution?
I* just don’t know about this guy is he unamerican or what?

Posted by: Thinking | June 19, 2008, 5:48 pm 5:48 pm

The biggest problem with habeas corpus being granted to combatants has far reaching ramifications that you liberals just don’t seem to understand.
1. They now have more rights than those in our own military when it comes to the wheels of justice.
2. They now have access to the high powered crooked attorneys that find loopholes to get people free.
3. They are now innocent until proven guilty. This is quite different than in the Military Courts and quite significant.
4. Our court system is designed to let a few bad guys slip through. Better to have a couple guilty people go free than have 1 innocent person be incarcerated kind of thing.
5. They don’t belong in civilian courts with civilian lawyers. They are war combatants guilty of war crimes. Big difference.
To all you Bush haters out there. You really don’t realize how dumb you come off spouting platitudes perpetrated by the left wing media. Once the dust settles and some years go by people will look at what he has accomplished and he will be considered one of our better Presidents.
1. Liberated 80,000,000 Muslims
2. Wiped out two terrorist regimes
2. Prevented a repeated terrorist attack on American soil. For the last 7 years you have been safe. Clinton couldn’t manage to do that.
3. He inherited an economy in recession from Clinton and kept it from getting worse.
4. Provided one of the longest periods of growth this country has seen.
The truth is out there. He is unpopular at the moment, mainly from the bashings he gets from the media. He is not as hated as you libs think. He is my Commander in Chief, and I have great respect for him and his decisions. People claim oooh, 4,000 troops have been killed! In 6 years of war, that is all? That is nothing when you look at the battles of WWII or Vietnam. Nothing. More people die in car accidents in one state in one year than those who gave their life in the 6 years we have been at war. And it isn’t for nothing. We have liberated the oppressed.

Posted by: Joe | June 20, 2008, 8:29 am 8:29 am

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