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Justice advances in Guantánamo

Twelve years after misguided religious sycophants of the late al-Qaida leader Osama bin Laden murdered nearly 3,000 people, costly ripple effects still can be seen all over the world. A primary place they are evident is in a military courtroom in Guantanamo Bay.

There the alleged mastermind of the 9/11 terrorist attacks, Khalid Shaikh Mohammed, and several other imprisoned suspects move slowly toward a trial, scheduled for a year from now.

The technical ins and outs of pretrial maneuverings get little attention, but they are important because they reveal again the American commitment to the rule of law.

The military commission that was convened to try the charges against Khalid Shaikh Mohammed and others already has heard more than 40 hours of testimony from more than a dozen witnesses. The commission and the military judge, Col. James Pohl, so far have dealt with more than 100 “substantive motions,” as they are called. This legal action must be finished before a trial begins.

Why is all of this taking so long and why is it necessary? One obvious reason for the length of the process is that five persons — not just Khalid Shaikh Mohammed — are being tried in a single case involving the murder of nearly 3,000 individuals. Chief prosecutor Mark Martins calls this “the largest criminal investigation in U.S. history.”

Martins describes members of the five defense teams as “zealous, effective and competent.” That means there are lawyers doing everything possible to make sure their clients are treated fairly. That also takes time. In fact, it’s widely reported that defense attorneys are trying to slow the process further by raising concerns about how their clients have been treated.

As Martins noted, “Pursuing a sustainable justice under law that is consistent with our values is a worthwhile undertaking and one that would take time in any court.”

The extended nature of these proceedings is emotionally draining for families who lost loved ones on Sept. 11, 2001. The prosecution is well aware of that and quick to acknowledge it.

In one of his recent public statements updating where the case stands, Martins addressed that matter by speaking directly to some family members who were watching through closed-circuit TV: “We cannot ever presume to fathom your loss and your grief; please allow us, though, to tender to you the consolation that perhaps can be found in knowing that justice under law will be achieved, however long that takes.”

In some countries, of course, a matter of this sort would have ended quickly with the summary execution of the suspects. Americans may argue over whether Khalid Shaikh Mohammed and the others should be tried in military or civil courts, but the fact they are being afforded a trial at all with aggressive defense attorneys is evidence that the American people take the rule of law and the right to a fair trial seriously.

Beyond what’s happening at Gitmo, the effects of the 9/11 attacks go on and on. Children are growing up without their parents, and parents are growing old without their children.

In many family gatherings, business settings and civic organizations there is a sense of absence — all because of actions taken in defense of a toxic, twisted version of Islam.

America has recovered from the attacks in many ways, but in both civilian and military life the profound damage they caused continues to be felt even after bin Laden has been killed.

It’s to our nation’s credit, however, that in much of our response we have remembered who we are and what our foundational values are. In that sense, the terrorists have lost.

This editorial appeared Wednesday in the Kansas City Star.

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