Faking Toughness on Terrorism

On Wednesday, prosecutors filed charges in civilian court against 29-year-old Sayfullo Saipov, the man accused of using a truck to kill eight in New York City. Critics like Senator Lindsey Graham, Senator John McCain, and President Donald Trump quickly suggested that America should get tough and declare him an enemy combatant instead.

The public should reject that view as ill-considered and idiotic.

In civilian court, Saipov will be eligible for the death penalty, like Timothy McVeigh, who...

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