Was the Murder of Americans in Libya a Crime or an Act of War?

September 30, 2012
Written by D. L. Gary Pandol
The murder of United States Ambassador Stevens and three other Americans serving this country is being treated as a criminal offense by the Obama Administration when in point of fact it is an act of war. 
United States statutory law, 18 USC Sec. 2331, provides for specific definitions under the United States Code for international terrorism and acts of war. In chapter 1, international terrorism encompasses “violent acts or acts dangerous to human life” intended “to affect the conduct of a government by mass destruction, assassination, or kidnapping.” An “act of war” is described as “armed conflict, whether or not war has been declared.” 
Libyans engaged in the murder of American personnel and other violent acts that lead to the destruction of American property. This suggests they are warring against the United States and are, therefore, enemy combatants. It is a mistake to characterize these terrorists as civilians.
Libyans who kill Americans should be denied the civil liberties of United States citizens. They do not belong sitting in a US federal courtroom. A civil defense and a criminal defense is a function of America’s legal system. Waging war on the United States is outside criminal law. It is an act of war. But the United States has a President who refuses to acknowledge that America is at war against Islamic terrorists.
Al-Qaeda and every other Islamist group in the Middle East have frequently called for war (jihad) against America, Israel, and other Western nations. Indeed, US embassies and consulate facilities have not been the only ones attacked by Muslim terrorists.
Islamists have declared war against the West repeatedly and over the space of hundreds of years.
More appeasement by this President further diminishes America’s standing in the international community and the power to influence and persuade America’s enemies.
Consider the declarations of war that continue to come out of Benghazi following the death of Ambassador Stevens. They indicate how little terrorists fear America’s Commander-in-Chief. [See MEMRI TV Clip No. 3578 – Benghazi Friday Sermon Preacher, in Wake of Killing of US Ambassador, Calls to “Detonate Our Wrath upon Them” and “Stab Them in Their Main Artery” – the Economy, Libya Al-Hurra TV (Libya) To view the clip: http://www.memritv.org/clip/en/0/0/0/0/0/0/3578.htm
To read the transcript: http://www.memritv.org/clip_transcript/en/3578.htm]
For an administration to treat what happened in Benghazi as a “crime,” it may be of interest to note that CNN retrieved from the “crime scene” at the Consulate in Benghazi the diary of the late Ambassador. Thereafter, on Saturday just after 1:00 a.m., CNN.com posted a story explaining that CNN had found the journal four days after the attack “on the floor of the largely unsecured consulate compound where [Stevens] was fatally wounded.” Now over 16 days later the “crime scene” remains unsecured.
The journal indicates that the ambassador was fearful due to warnings of terror threats prior to the Benghazi attack. The State Department knows that Benghazi is run by competing militant groups including Al-Qaeda.
That the State Department is furious with CNN for releasing this information is irrelevant. The American people still need answers to the following questions:
1. How much intelligence did the State Department and President Obama know or have available to them regarding the potential for attacks against US installations around the Middle East and specifically in Benghazi;
2. Why did the State Department not provide adequate protection for Ambassador Stevens and other US personnel in an area known for terrorist activity, lawlessness, and mass corruption at the highest levels of an Islamist-run Libyan government; and,
3. Why did the State Department allow the “crime scene” at the Benghazi consulate to go unsecured days after the murders? 
It is time to hold this President, B. Hussein Obama and his administration accountable for their incompetence and criminal negligence in safeguarding the lives of American personnel overseas and for failing to present a “peace through strength” approach. 
The enemies of the United States need to know that their attacks against Americans and American interests will be met with swift and immediate retribution. The Middle East is in flames and the US President shrugs and calls it “a bump in the road.” 
Mitt Romney had it right again when he informed CBS News Monday that the turmoil in the Middle East is “hardly” just a “bump in the road,” as President Obama characterized it on CBS News’ “60 Minutes.”

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