Obama advisers say bin Laden can appeal to U.S. civilian courts

By Bill Sammon
The Examiner

WASHINGTON - Barack Obama’s foreign policy advisers said Tuesday that Osama bin Laden, if captured, should be allowed to appeal his case to U.S. civilian courts, a privilege opposed by John McCain.

Responding to questions from The Examiner, Sen. John Kerry and former White House counterterrorism czar Richard Clarke said bin Laden would benefit from last week’s Supreme Court decision giving terrorism suspects habeas corpus, the right to appeal their military detention to civilian courts.

“If he were to be brought back,” Clarke said of bin Laden, “the Supreme Court ruling holds on the right of habeas corpus.”

Kerry, who applauded the Supreme Court ruling, said it will be carried out by whichever candidate wins the presidency.

“The Supreme Court of the United States has ruled that they have those rights,” he said. “If John McCain were president, he would have to give them those rights.”