There's at least one big problem, however, with the Bush-Obama formulation of their "war on terrorism": Terrorism is a federal crime. It's on the books as a federal crime. It's listed in the U.S. Code as a federal crime.
Thus, it's not surprising that dozens of terrorism cases have been brought in the federal courts. Why wouldn't they be? Since the U.S. Code, which defines federal criminal offenses, lists terrorism among the many federal crimes, it stands to reason that suspected terrorists are brought to court to face federal terrorism charges.
As I have long pointed out, however, what the Bush administration did after 9/11 is simply announce that federal officials now had the option of treating terrorism as either a federal crime or as an act of war, whichever way they want to go.
As I have also long pointed out, not only does the Constitution not permit such an option to be exercised, it would be difficult to find a better example of a violation of the rule of law and equal treatment under law than that. Either terrorism is a crime (which it is) or it's an act of war (which it is not). To permit U.S. officials to choose one way or the other is the epitome of arbitrary, discretionary, ad hoc, totalitarian power.
