[ExTexasRedhead]

Holder and Zero’s reprehensible political games will cost the US taxpayers billions to bring this BS to NYC. We’re bankrupt already and now they’re adding more debt.

[Logical me]

"It is pretty well established that the defendant does not have the right to see any classified evidence in discovery."

Please stop the BS. Everything disclosed will be made public by the Democratic communist party.

[Hoodat]

Mr. Holder said that prosecutors are likely to seek the death penalty

Mr. Holder hasn't even seen fit to file charges against the five, but he is seeking the death penalty? What an imbecile! And btw Mr. Holder, good luck on circumventing the Constitution by going against the law set up by Congress for prosecuting these cases. Your contempt for the Constitution is quite revealing.

Article III, Sec. 2
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

You will be hard pressed to place KSM in New York at the time of the 9/11 attack, Daniel Pearl's murder, the Shoe Bomber plot, etc.

[fish hawk]

I want to ask the same question here as I did on another thread: Did our troops that were accused of war crimes, murder, rape, etc. get a civil trial with a Jury or did the Military court handle it. If not civil, why not? If it’s good enough for the terrorist enemy, why don’t real Americans have that same right?

[Congressman Billybob]

It is not just "additional complexity." The comparison between a military tribunal and a criminal trial are specific, and all of them make it more likely that the terrorists will beat the rap, walk out into the streets of New York as free men. I covered this in my column, filed on FR last night. See the second link, below.

Congressman Billybob

Don't Tread On Me (9/12 photo and poster"

"ACLU Wants Terrorists to Beat the Rap"

[Lucky9teen]

Nothing good can come of this...

1) dragging Bush over coals
2) dragging CIA over coals
3) trying to get to higher court - i.e., Hague
4) giving terrorists rights they do not deserve
5) insult/injury to all those who suffered on and for 9/11

The list can go on, I’m sure....

[TommyTrojan]

Do Bush & Cheney have immunity from testifying? I could see where the defense would welcome the spectacle.

[Myrddin]

KSM will choose to defend himself. He will insist that he was not read his Miranda rights in advance of the waterboarding and other interrogation, thus all that evidence is inadmissible. Further, he will use the discovery process to access all the intel he can get legally access and pass that right along to his jihadi terrorist buddies. After spending lots of money and grandstanding, he will be turned loose on the streets of New York in time to observe the next big attack.

[The Sons of Liberty]

Where are they going to find “a jury of their peers”?

[Buckeye Battle Cry]

Some Carter or Clinton appointee will bounce them all for failure to read them their rights and for illegal searches and seizures. BUT, not until the Bush administration has been thoroughly and publicly trashed.

This is why military tribunals are called for.

[La Enchiladita]

The purpose of this will be to hold a tribunal on "torture," i.e., prosecute the Bush administration.

Former U.S. Attorney and terrorism prosecutor David N. Kelley, now of Cahill Gordon & Reindel, said he would not be surprised at a defense motion to dismiss any indictment based on interrogations.

[Little Ray]

Lessee.
They were NEVER read their rights (not that they should have had any).
None of their testimony is admissible in court since it was extracted through “torture.”
Their defense lawyers are going subpoena the entire Bush administration and huge quantities of classified intelligence.
We’re going to have make a fortified courtroom for the trial.
The ACLU is going to require that Muslims be included the jury.

Yup. This was a really great idea. We’d actually be better off letting them go. We wouldn’t have to release so much intelligence data, and we wouldn’t look like the laughing stocks this trial will make of us. And maybe we could hunt them down again and kill them this time (though its more likely they would be given “refugee” status and allowed to stay in the US...).

[The Great RJ]

Would anyone want to serve on the jury for these trials? Not only will these trials take months if not years but everyone involved will be a terrorist target. My bet is that the final jury will make the OJ jury look like rocket scientists.

[oldmomster]

Any chance this is a deliberate attempt to incite to riot?

They are just looking for a reason to declare an emergency, and that darned swine flu just didn’t cooperate.