Skip to comments.The Obama Kangaroo Court…Kill American Terrorists, Try Foreign Terrorists
Posted on 03/08/2013 3:49:47 PM PST by Starman417
Andrew McCarthy has an excellent article today entitled "While You Werent Looking, Obama Kills Military Commissions" which details how, once again, Obama is bypassing laws and doing things his way:
In the blink of an eye, the second Obama term has turned the clock back to the pre-9/11 days, when al-Qaeda was a law-enforcement problem, not a national-security challenge.
... the administration has never forfeited its goal of returning to the Clinton-era counterterrorism, when all terrorists were deemed defendants presumed innocent, not enemies to be quelled. Now, with the help of President Obamas Islamist confidant, Turkish prime minister Recep Tayyip Erdogan, Obama has found a way around Congresss ban.
Turkey and Jordan was able to hand over al-Qaeda leader Sulaiman Abu Ghayth, the son-in-law of Osama bin Laden, to Obama and pals and what did they do? They wisked him off to New York where now instead of being interrogated for intelligence as he would of been at Gitmo he is enjoying his own defense lawyer and all the perks the Bill of Rights gives him.
...The Obama administrations intention is to try the same case against Abu Ghayth that it planned to present against KSM. This is a bold presidential decision to undermine military commissions and to proclaim that the civilian courts are the governments venue of choice for all terrorism cases even those against wartime enemy combatants.
Moreover, as Attorney General Holder must know, by proceeding with this civilian prosecution in New York at the very moment when KSM and the other 9/11 defendants are facing a military commission at Gitmo, he has given KSM & Co. an exquisite legal argument that proceeding with their military commission would be arbitrary and unjust in light of the grade-A due process Abu Ghayth is getting. That is, the government is virtually inviting the federal courts to invalidate military commissions which was a top goal of many Obama administration lawyers back when they were in private practice, volunteering their services to terrorist detainees.
How long until KSM is handed over for a US trial? A trial in which the standard of evidence collection is much much different than in a military commission. Do they believe that collecting evidence in a war zone will be sufficient?
While in Iraq, I (among other tasks) assisted in investigations of al-Qaeda detainees, helped gather and evaluate evidence for targeting decisions, and cooperated with Iraqi-government prosecutions of local insurgents. Yet all our procedures and standards made allowances for the reality of war. In a war zone, every mission was a combat mission, and running around chasing down leads would be nothing short of idiotic. Our best evidence was gathered through means and methods dangerous to describe and stupid to disclose.
The laws of war, of course, anticipate these difficulties and allow for the military commissions weve created. Thats why we should use them.
So while Obama still sends drones into hostile territory to kill terrorist leaders, because we are war, he is signalling that we are in fact NOT at war by bringing this
enemy combatant suspect to our shores.
(excerpt) Read more at floppingaces.net...
When all is said and done. All this B.S. .... A lot of Americans are gonna die.
I must wonder what Congress intends to do about it.
My guess is nothing.
Obama has them firmly in his pocket.
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