One of the reasons the nation is so divided politically is that we can’t even agree on the exact nature of the War on Terror. Some people recognize it as a war, others see it as a law enforcement matter, and some believe the whole thing is a sham.

Of those who believe we face a real threat from radical Islam, the law enforcement advocates believe that the way to win the war is by bringing the Jihadists into court. But people can’t be brought into court until they’ve committed a crime. And whatever crimes they commit to end up in court may cost thousands of people their lives, as they did on September 11th.

Zacarias Moussaoui is now in court, waiting to find out whether he’ll get the death penalty. He has already been convicted of conspiring to participate in the attacks of September 11th. One reason he’s in court now is because thousands of people were killed on that day. But the other reason he’s in court is because he didn’t participate in the attacks. Nineteen other people did, but I have a feeling they won’t be making any court appearances.

Even if those nineteen did carry out some form of attack which they survived, by the time they got hauled into court, their goals would have already been achieved. We might have locked up 19 people, but thousands would still be dead. How long would it take to defeat the Jihadists if our grand plan is to put a dozen or two in jail after each attack?

Look at how casually our enemies embrace various forms of excruciating death. They’re certainly not going to be worried about appearing before an American judge, being fed and clothed in jail at taxpayer expense for ten years or so, and finally being hooked up to an IV that will gently send them into eternal sleep with no more pain that a simple blood test.

And in the case of Moussaoui, he very well may avoid even that relatively mild fate, all because of incompetence on the part of the prosecution.

In a real war, lawyers don’t determine victory. That why America must decide whether the War on Terror is truly a war at all. There’s no question that al Qaeda believes it is. So should we handle them the same way we handle the mafia?