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November 16, 2009
KSM Trial Intel Gift to al Qaeda
The decision to afford KSM and his Islamist gang all the civil rights of American citizens and alien residents is a nakedly political maneuver designed to accomplish three goals that are at the ideological heart of the Obama administration:
1. Declare that there is no war against transnational terrorism, thus treating terror attacks as a criminal matter.
2. Put the Bush administration on trial.
3. Abolish the notion of American citizenship in favor of an amorphous international citizenship.
Military tribunals are a time honored and effective method of dealing with foreign combatants. The U.S. has made use of military tribunals since The Revolutionary War.
The use of civilian courts prove to the jihadists that America is not only weak but stupid. The Islamic terrorists have told us, again and again, that they are at war with us, that they wish to annihilate the west, and yet the left refuses to connect the dots.
But there as even more pernicious danger to the use of civilian courts for Islamist war crimes, the spilling of valuable intelligence.
'This is a prosecutorial decision as well as a national security decision," President Barack Obama said last week about the attorney general's announcement that Khalid Sheikh Mohammed and other al Qaeda operatives will be put on trial in New York City federal court.
No, it is not. It is a presidential decision—one about the hard, ever-present trade-off between civil liberties and national security.
Trying KSM in civilian court will be an intelligence bonanza for al Qaeda and the hostile nations that will view the U.S. intelligence methods and sources that such a trial will reveal. The proceedings will tie up judges for years on issues best left to the president and Congress.
Whether a jury ultimately convicts KSM and his fellows, or sentences them to death, is beside the point. The treatment of the 9/11 attacks as a criminal matter rather than as an act of war will cripple American efforts to fight terrorism. It is in effect a declaration that this nation is no longer at war.
Full article by John Yoo at The Wall Street Journal.
Andrew McCarthy weighs in with an ever darker analysis:
The decision to bring Khalid Sheikh Mohammed and four other top al-Qaeda terrorists to New York City for a civilian trial is one of the most irresponsible ever made by a presidential administration. That it is motivated by politics could not be more obvious. That it spells unprecedented danger for our security will soon become obvious.
The five 9/11 plotters were originally charged in a military commission. Military commissions have been approved by Congress and the courts. Eleven months ago, the jihadists were prepared to end the military case by pleading guilty and proceeding to execution. Plus, the Obama administration is continuing the commission system for other enemy combatants accused of war crimes. If we are going to have military commissions for any war criminals, it is senseless not to have them for the worst war criminals. In sum, there is no good legal or policy rationale for transferring these barbarians to the civilian justice system. Doing so will prompt a hugely costly three-ring circus of a trial, provide a soapbox for al-Qaeda’s anti-American bile, and create a public-safety nightmare for New York City.
There is, however, a patent political rationale behind Obama’s decision.
Full article here.
Rudy Giuliani nails it:
Part I
Part II
Posted by Robert J. Avrech at November 16, 2009 08:48 AM
Comments
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There are so many problems with this. Obama and Holder say they are certain of a conviction. I think we would call this a show trial in Iran or Burma. Had Bush or Cheney said this the ACLU would demand KSM's release.
A first year law student would see the problems with letting a judge decide what evidence to allow. Has anyone at the WH ever seen an episode of Law and Order? KSM was not a criminal when he was captured, he was an intelligence asset. The CIA didn't care about evidence being tossed out of court. And the prosecutors should get ready to object when the defense wants to question the government's classified evidence. That alone will add about 5 months to a trial.
And what about the fact that KSM already pleaded guilty at a military tribunal? What happens if a jury is seated in NY and the judge rules in favor of the defense when they mention a little thing like double jeopardy?
And why do some gitmo prisoners get to go to NY and others get a military trial while some will just languish?
You are right about this being a method to discredit Bush. Unfortunately, if Obama loses the country loses.
Posted by: Johnny at November 16, 2009 04:53 PM
As a New Yorker (although in another part of the state from NYC), I find this move appalling on multiple levels. G-d help us.
Posted by: DrCarol at November 16, 2009 06:20 PM
The media and the Democrats are making this about a conviction.
Of course KSM will be convicted, this is a smoke screen.
The real issue is that the Left wants to not only deny that there is a war on, but they want to delegitmize ALL wars. Anything military, from a bombing to a tribunal hearing is no good to them.
I have also heard from some legal conservatives who like this decision, but let's face it, they're just protecting their turf. They want a boost for their civilian system no matter what.
Posted by: Jake at November 17, 2009 08:01 AM
Who wants to bet that he gets off on a technicality when the trial comes to an end many years from now?
Posted by: pdwalker at November 18, 2009 05:53 AM