Khalid Sheikh Mohammed
"I got rights."
The decision of the Obama administration and the Holder Justice Department to bring Khalid Sheikh Mohammed and four of his main cohorts to stand trial in US Federal Court is a blunder of monumental proportions. As I see it, once the lawyers and the judges get involved, look for these defendants to walk.
As a DEA agent, I spent my career working with the federal courts in prosecuting drug traffickers. Though I am not a lawyer, I do know the rules of procedure pretty darn well. Unless there are some provisions of the Patriot Act that I don't know about, this is what I see coming.
Once these defendants are brought to the US, here come the defense lawyers. Here come the motions for discovery of evidence against their clients-including probably, evidence that is sensitive to our intelligence-gathering process including the identities of foreign sources (and informants) who wish to remain secret. What foreign intelligence service is going to want to work with us on terror matters now knowing that they are likely to be divulged in a US Federal Court?
Do you doubt for a moment that the defense lawyers are going to claim their clients' rights to a speedy trial have been violated since they have been sitting in Gitmo for some 5 years. (Defendants in federal courts have a right to a speedy trial.) How about throwing out the confessions of Khalid Sheikh Mohammed based on the fact that he was water-boarded? Do you really think his confessions are going to hold up? How about evidence gathered from wiretaps not approved and sign off on by some federal judge? How about a challenge for change of venue since New York was the scene of the World Trade Center attack. Obviously, these poor defendants cannot get a fair trial there.
Get ready for a big circus trial in which the defense throws out all the dirt about Bush, Cheney, the Patriot Act, Gitmo, the NSA intercepts, waterboarding and everything else they can think of.
I can really see whoever the judge is assigned to these trials throwing the cases out of court altogether. Even if not, and the defendants are convicted, the appellate courts and the Supreme Court will eventually get involved.
These prisoners in my view are not entitled to anything other a military tribunal. They don't qualify for the Geneva Convention, and there is no need to hand them over to the federal courts. Is this what we are going to do with every terrorist we capture overseas? Watch our courts get clogged up in a hurry.
The example that should have been followed is the case involving the German saboteurs who landed on our shores in World War II, were captured and tried by military tribunals. (Most were hanged.) That is exactly what should have happened here. Instead, our government now chooses to hand them into the federal court system that may eventually have to kick them free on some legal technicality.
But you know what? I suspect Obama, Holder et al already know this.
3 comments:
I agree that Obama and Holder already know what is going to happen with the outcome of the 911 and Cole attackers trial. Given what was already posited in this blog, there is the possibility of classified and secret information given out during the trial. If this happens, then America losses. If this information is not provided to the courts, the defendents walk and America losses. The whole proposition is a loose-loose for America. This is a huge win for the Islamists.
Gary, you have indeed never said or done those things, and I do respect you for it. I just thought the last few lines of your post were so ridiculous that they deserved an equally absurd response.
The idea that Obama et al actually WANT these guys to go free is absolutely ludicrous. Patently absurd. Bordering on delusional.
Here is my take: these are civilians who killed other civilians. Therefore it belongs in the civilian court system.
Bryan,
If a few short years ago, I thought we would have a president who would load up the white house with Marxists, people would have called me delusional.
As to the point in question, the fallacy of your argument is that terrorism is not a police problem that can be solved through law enforcement and the courts. They have a role, of course, and some cases can be handled in the courts. However, bringing these bastards who have been captured overseas to the US as a matter of routine to be tried in fed court is asinine. The best place is military tribunal, which should have been done long ago. These guys should have been hanged long ago.
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