I guess you could see this one coming, given statements the President has made and the waffling, unimpressive performance of his Attorney General thus far. Khalid Sheik Mohammed and his gang of merry men are going to be tried in the civilian criminal justice system in New York. Word is that all five of these miscreants will be tried together, and that prosecutors are likely to seek the death sentence.
We've talked here about "alternative futures"; that is, the strategic planning technique of looking at a number of "realities" that may develop, and then thinking about how one would react to those futures. I think some "alternative futures" thinking is in order here.
Firstly, I think the most likely outcome of this trial is that it will be 1) long 2) a circus 3) a proxy for Democrat/Obama retributive behavior toward the Bush Administration and 4) fatal to KSM and probably at least one or two others (as in, they will be convicted and they will earn the death penalty.
But let's think about another alternative future, shall we? Let's think about a future in which KSM gets off--not fully, of course, but winds up guilty of some crime other than one that earns him a one-way ticket to his 76 virgins. Can you imagine the political blow-back that will accrue to the Obama Administration if that is the case? Is this likely? N0t nearly as likely as the scenario described above, but MY GOD, how ruinous it would be if it were to come to pass.
Let's get one thing straight--military commissions, held in Guantanamo, could have worked. The Congress--working closely with the Justice Department and the DoD--could have created a military commissions framework in which these fellows could easily have been tried--one that would have passed Supreme Court muster and one in which the circus that will surely come would have been minimized. But no-- now the trial will become at least partially a trial of the Bush Administration--and a casualty of that process could be justice. Once this trial becomes focused on "waterboarding", all bets will be off and Katy bar the door.
Finally--these men are not criminals. They were unlawful combatants who perpetrated an act of war upon the United States of America. Trying them in our criminal justice system is a miscarriage of justice, and extends unto each one of them any and all liberties enjoyed by every American citizen when he or she steps into a courtroom. This is not the way it should be.
UPDATE: A nicely done editorial from NRO
Saturday, November 14, 2009
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8 comments:
You're alternate scenario was balls on accurate, but do you think the administration would allow the trial to conclude before the 2012 elections?
The question that should be put directly to Obama is if KSM is acquitted, will the administration set him free?
Jury selection should also be fun. Do you think his lawyers will make the argument that jury of KSM's "peers" should comprised largely (if not entirely)of muslims?
This is the beginning of the end. I fault the former administration for 2 things: Not starting a "war tax", and not pushing the tribunals through faster. I would have hung my hat on the case law that was used when FDR put the German saboteurs to the sword in WWII. This is going to make the OJ Simpson trial look like, well something. I cannot find the word. The defense lawyers, at the discretion of the Judge, are going to have access to information (sources/methods) that they should not. We are going to have to relive waterboarding all over again. I realize that it has been a while since Obama went to Harvard Law, but you would thing he could recall the basics?
"I realize that it has been a while since Obama went to Harvard Law, but you would think he could recall the basics?"
He's not that stupid. He's doing this in order to put the Bush administration and waterboarding on trial. He'll be keeping his fingers crossed that they actually get convicted.
The Obama administration will get to drag the Bush administration and the CIA through the mud of the reality of the Intel world.
Evidence gained through the use of torture will be thrown out. Without this evidence there will not be enough to convict.
They will be released to return to their homeland and Obama will be a beloved son of Islam.
"They will be released to return to their homeland and Obama will be a beloved son of Islam."
...and the US will pay each of the released terrorists "reparations" and give them a gold-embossed parchment from Congress declaring the deepest apologies of the American people.
Sen. Jack Reed (D-RI) was on one of the Sunday shows and was asked the benefits of bringing these guys to trial in NY. He basically said so as to show the world American justice. Then he was asked what if they're acquitted? Oh that won't happen but they won't be turned loose regardless he said. Well what's the friggin' point you God-damned idiot! They're bringing these terrorists HERE, with all the benefits of the Constitution and the American rules of discovery and rules of evidence etc.; the whole nine yards. If they're acquitted and we keep them locked up what will the world's bed-wetters say about that?
Are we crazy? Put their stinkin' asses in front of a tribunal and hang 'em....quickly.
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