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Khalid Shaikh Mohammed (KSM) and His Conspirators



             Public enemies of the United States have never been afforded the protection of the Bill of Rights. This is not based on their nationality or territorial location. A close reading of Supreme Court precedent clarifies that the political branches exercise war powers in a manner exclusive from the Bill of Rights (except with regard to US domestic populations "where the relationship is less clear) (Dehn 1). As public enemies, Khalid Shaikh Mohammed (KSM) and his conspirators, are not entitled to due process of the Fifth Amendment of the Bill of Right as supported by past Supreme Court rulings. KSM is a considered a member of Al Qaeda which has declared war against the United States and its people. The United States responded to the attacks on September 11th with military action, and most Americans view these attacks with the same veracity as the attack on Pearl Harbor (Berger 2). A valid counterpoint against this is, Numerous Supreme Court cases have ruled that any person in conflict with the government can invoke due process "be that person a citizen or an immigrant, someone born here, legally here, illegally here or whose suspect behavior did not even occur here" (Naplitano 2).
             The problem with this argument is that the action of these terrorists was not meant to be a mere conflict with our government, it was meant as an act of war that was targeted directly at the United States. in order to try and destroy the American economy and infrastructure. This attack provoked us to use military engagement and answer the call of war that Al Queda sent America. According to Al Queda, they are at war with the United States, regardless if we officially declare war against them doesn't matter. We are in fact responding with military action in their war and therefore we should consider them enemies of war. The 1993 World Trade Center bombing trials brought to reality many critical problems and risks with a civilian trial.


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