Seriously, for example, is there a difference between stealing someone's credit card to charge some stuff and pawn it versus stealing a CIA agent's credentials to access sensitive national security information and passing it along to enemies of the United States?
One is theft. The other is espionage and most likely treason.
When a gang member in Rahm Emmanuel's Chicago shoots some innocent kid, that's murder.
When someone detonates a bomb in the middle of a crowd for the purpose of demoralizing the American public along with killing and hurting a bunch of them, that is terrorism. If the terrorists are following the directions of a foreign power, it is also an act of war. If the terrorist is an American following the directions of a foreign power, it is also very likely treason.
Attacking America is different than just harming a specific American.
Therefore, the perpetrators are not ordinary criminals.
The President's crew is engaged in an effort to conflate this very straightforward observation with military tribunals:
Q Some Senate Republicans — lastly, Jay — are saying that the Boston suspect should be treated like an enemy combatant. Is that something that you guys have looked at or made a determination on?
MR. CARNEY: He will not be treated as an enemy combatant. We will prosecute this terrorist through our civilian system of justice. Under U.S. law, United States citizens cannot be tried in military commissions. And it is important to remember that since 9/11, we have used the federal court system to convict and incarcerate hundreds of terrorists. The effective use of the criminal justice system has resulted in the interrogation, conviction and detention of both U.S. citizens and noncitizens for acts of terrorism committed inside the United States and around the world."
Let's recall why military commissions were established. Following the September 11 attacks, the U.S. was capturing a lot of non-Americans on battlefields, safe houses, traveling between various locations etc. Clearly, at least some of these individuals had potential knowledge of the inner workings of terrorist organizations which might be planning future attacks. Bringing them back to the U.S. might have accorded them rights normally associated with U.S. persons. For example, the detainees might have obtained access to information about how the information leading to their capture had been obtained. They could then pass this information back to their organizations so that whatever sources of information the U.S. had access to could be terminated. After, all the U.S. has a witness protection program for Mafia informants for a reason. Short of establishing U.S. witness protection programs for al-Qaida informants in foreign lands, isolating foreign detainees outside of the U.S. proper was the most expedient solution.
Therefore, the Bush administration moved them to a secure facility in Guantanamo Bay. This arrangement was immediately challenged by various groups, including the current president.
Military commissions were set up to have a formal mechanism whereby a group of outsiders could review if a given detainee should continued to be held at the Guantanamo Bay. They had nothing to do with convicting ordinary criminals. It was about removing enemies from the battlefield and extracting information from them.
The current president thought this was a bad idea, and promised to shut down the Guantanamo Bay facility. Last I checked, it was still open. However, the current president also chose to avoid sending further detainees there. Instead, whenever they identify a high value enemy, he orders drone operators to blow him and a bunch of relatives up from afar. In addition to the humanitarian concerns I have (why kill a bunch of little kids in the tribal areas of Pakistan on purpose?), this has the effect of shutting down any possibility of obtaining information from people who might be planning future attacks on the U.S.
Maybe that's why there was no intelligence about the attack on the Boston Marathon before the attack.
Given that I was wrong, and the Boston attack is associated with al-Qaida, I believe this was not a one-off. I am assuming they have other teams in place in other cities to carry out similar attacks when the time comes. Information is more important than ever. Unfortunately, that is going to be in short supply if the administration continues to treat terrorists serving a foreign power the same as an ordinary American criminal while using sources of information for drone target practice.