Attorney General Eric announced in a Friday afternoon media dump that Khalid Sheikh Mohammed would be tried in civilian federal criminal court rather than by military tribunal, a decision that is wrought with enumerable severe consequences.
Even before KSM and his murderous cohorts are put on trial, both Mr. Holder and his boss, President Obama have declared in advance of any discovery, motions, evidence presentation and jury deliberation, the defendants will be found guilty and executed accordingly. Being a former law professor, the Commander and Chief should understand jury pool poisoning and convicting defendants without having stood trial by a jury of their peers – which raises another interesting question, where in this venue will such a jury be found?
There are an abundance of problems created from such a decision – security is chief among them. KSM and the other defendant’s are prime targets for vigilantism, not to mention the cost to the citizens of New York City and the logistical nightmare of transportation. And, should KSM go pro-se, his self-defense will surely include more threats to the people of New York and Americans at-large.
The decision is not only a nightmare of legal precedents to be set, as Senator Lindsay Graham (R-SC) so pointed out to Mr. Holder in a recent hearing, there has never been an illegal foreign combatant tried on US soil in a civilian court. Mr. Holder has experience in terrorist cases, though not particularly a bright one: during the Clinton administration, Holder repeatedly pressured Justice Department subordinates not to oppose a highly controversial clemency grant for 16 FALN (Fuerzas Armadas de Liberación Nacional) members.
Critics of the decision to try KSM in federal civilian court are pointing to legitimate concerns about the coming aftermath. Indeed, there is genuine concern for what this pronouncement will set-off in domino chaos – there is a precedent, a dangerous one, which is being set. Not to mention the world stage on which jihad extraordinaire will play to the Islamic world, putting the Bush Doctrine and his administration, along with the CIA on trial.
While all of these concerns are indisputable and likely to transpire in one form or another, what seems to be missing from the debate is the reason why this decision has been reached. It may be a bit over simplistic to assign a political meat throwing to the far left, as well as the new life being given to the fringe kook birthers and Muslim in the White House conspiratorialists – neither of which will garner the administration any political good will or capital.
So why has this decision been reached? It might be no more complicated then everything else the administration is pushing, from cap-and-trade to health care reform to the slow bleed strategy in Afghanistan, the administration is trying to remake the country and once done, it will be near impossible to undo.
Even before KSM and his murderous cohorts are put on trial, both Mr. Holder and his boss, President Obama have declared in advance of any discovery, motions, evidence presentation and jury deliberation, the defendants will be found guilty and executed accordingly. Being a former law professor, the Commander and Chief should understand jury pool poisoning and convicting defendants without having stood trial by a jury of their peers – which raises another interesting question, where in this venue will such a jury be found?
There are an abundance of problems created from such a decision – security is chief among them. KSM and the other defendant’s are prime targets for vigilantism, not to mention the cost to the citizens of New York City and the logistical nightmare of transportation. And, should KSM go pro-se, his self-defense will surely include more threats to the people of New York and Americans at-large.
The decision is not only a nightmare of legal precedents to be set, as Senator Lindsay Graham (R-SC) so pointed out to Mr. Holder in a recent hearing, there has never been an illegal foreign combatant tried on US soil in a civilian court. Mr. Holder has experience in terrorist cases, though not particularly a bright one: during the Clinton administration, Holder repeatedly pressured Justice Department subordinates not to oppose a highly controversial clemency grant for 16 FALN (Fuerzas Armadas de Liberación Nacional) members.
Critics of the decision to try KSM in federal civilian court are pointing to legitimate concerns about the coming aftermath. Indeed, there is genuine concern for what this pronouncement will set-off in domino chaos – there is a precedent, a dangerous one, which is being set. Not to mention the world stage on which jihad extraordinaire will play to the Islamic world, putting the Bush Doctrine and his administration, along with the CIA on trial.
While all of these concerns are indisputable and likely to transpire in one form or another, what seems to be missing from the debate is the reason why this decision has been reached. It may be a bit over simplistic to assign a political meat throwing to the far left, as well as the new life being given to the fringe kook birthers and Muslim in the White House conspiratorialists – neither of which will garner the administration any political good will or capital.
So why has this decision been reached? It might be no more complicated then everything else the administration is pushing, from cap-and-trade to health care reform to the slow bleed strategy in Afghanistan, the administration is trying to remake the country and once done, it will be near impossible to undo.
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