David R. Irvine and Virginia E. Sloan [Constitution Project]: "In the aftermath of the attempted Christmas Day bombing, some want to shift the discussion from the best way to close Guantanamo – an objective first announced by President Bush – to instituting Guantanamo-like policies in the United States. Critics of the Obama administration's decision to try the alleged bomber, Umar Farouk Abdulmutallab, in federal court have gone so far as to suggest that he be designated an "enemy combatant," transferred to military custody for interrogation, denied access to counsel and tried by a military commission even though he was captured in the United States. The policies employed at Guantanamo have resulted in protracted litigation and delayed justice, weakened our alliances, and undermined constitutional principles at home, and for these reasons such policies must not be transferred to the US. They must end.

Our Constitution provides a just and effective process for prosecuting and detaining terrorism suspects, both pre- and post-trial. Trials of terrorism suspects like Abdulmutallab in traditional federal courts are not only consistent with the Constitution and our American values, but are also far more effective in achieving justice for all concerned than are their flawed counterparts, the military commissions. In fact, the commissions have only handed down three low-level terrorist convictions compared to the nearly 200 terror-related convictions obtained through our traditional federal court system over the past nine years.

The ineffectiveness of the military commissions process is further demonstrated by the fact that they have been subject to extensive and costly litigation. In fact, the Supreme Court struck down the original, post-9/11 military commissions for failure to follow basic principles of constitutional and international law. Challenges to the commissions have delayed justice for the thousands of Americans who were affected by the 9/11 terrorist attacks and the continued use of military commissions will ensure endless litigation and further delays.

Critics of the decision to try Abdulmutallab in federal court imply that by transferring him to military custody, alternative methods of interrogation (read "mistreatment" here) could be used to extract information from him. These implications insult the men and women serving and defending our country, who know that torture and inhumane treatment are both illegal and ineffective. Critics further suggest that because Abdulmutallab was given an attorney, law enforcement officials can obtain no further information from him. These claims are not only disturbing, but faulty. By all reports, Abdulmutallab cooperated with authorities when he was arrested, and continues to provide them with valuable information. Law enforcement authorities appear confident that they will continue to learn useful information from him as the criminal justice process unfolds.

Trying terrorism suspects in our federal courts and detaining them in our traditional criminal justice system does not require a choice between national security and our fundamental values as Americans. The proper approach to closing Guantanamo and dealing with terrorism suspects is not a partisan issue. This is demonstrated by the fact that a bipartisan coalition [PDF file] of nearly 140 former diplomats, military officials, federal judges and prosecutors, and members of Congress, as well as bar leaders, national security and foreign policy experts, and family members of victims of the 9/11 terrorist attacks have come together to issue Beyond Guantanamo: A Bipartisan Declaration [PDF file]. In the Declaration this group of unlikely allies supports trying terrorism suspects in regular federal courts, rather than by military commission, and opposes indefinite detention without charge. These principles recognize and affirm that we can keep our country safe while still adhering to the rule of law and the values that are embodied in our Constitution and that have stood the test of time for over 200 years.

Those who are in favor of instituting Guantanamo-like policies in the United States propose a troubling departure from the values that define America and make America exceptional. It is time to recognize that the Guantanamo system of detaining and trying terrorist suspects has failed us. Implementing those policies in the United States would neither change this fact nor keep us safe."

David R. Irvine is a Brigadier General (Ret.) in the U.S. Army. He is also a Former Commander of the 96th Regional Readiness Command and a former faculty member of the Sixth U.S. Army Intelligence School. General Irvine also spent 18 years as a Legislator (R) in the Utah House of Representatives.

Virginia Sloan is the President and founder of the Constitution Project.