Can Khalid Shaikh Mohammed expect “the most exacting demands of justice

Bay State Banner ^ | 11/18/2009 | Alan Dershowitz

[Kid Shelleen]

--snip-- Despite the fact that Mohammed has confessed to virtually everything, his trial will face daunting challenges, unless he decides to plead guilty as he tried to do last year when he sent a note to a military judge at Guantanamo. If he changes his mind and decides to fight the charges, he will have some powerful legal weapons at his disposal.

First and foremost is the reality that he was subjected to torture, both physical and psychological. He was waterboarded, which clearly amounts to torture under the law. It was also reported that when he was arrested, his young children were apprehended as well. If this is true, his lawyers will surely insist that the circumstances surrounding the detention of his children, particularly whether they were used as bargaining chips against him, must be fully developed and exposed. Although his confessions followed the administration of torture, prosecutors will argue that he eventually made an independent decision to confess. Indeed, they have already laid the foundation for this argument by establishing a so-called “clean team” of interrogators whose job it was to develop evidence that did not rely on his tainted confessions. Whether this tactic will work remains to be seen.

[nj patriot]

KSM will also have video of the chief law enforcement officer of the country (Zero) and his incompetent AG already promising conviction of the crime before an indictment is even put together. What about a fair trial? Can KSM get a fair trial when Zero and his flunky have him convicted already?

This is a defense lawyers dream. Send in the clowns.

[Eagles6]

Holder promised today that if these terrorists are acquitted, and that's looking more likely everyday, that they won't be released in the US.

Actually, if acquitted, I think they should be released in Manhattan at the time the first plane hit.

[himno hero]

No, the outcome is predetermined.

All thats going to happen is a trial of America,the FBI, CIA and military what it does, how it operates its allies, locations, names and other intel very valuable to a future attack

[ScottinVA]

I seriously believe it’s a tossup whether KSM goes free. But, the outcome insofar as KSM is concerned, that was never the issue of the 0bama regime anyway. From Day One, they have craved putting the Bush Administration, the FBI and the CIA on trial. Everything else is a sideshow to them.

How about this chilling thought: Khalid Sheikh Mohammed roaming free in New York or some other American city, with our tax dollars essentially funding his next plot.

Hope and change we can all die for.

[smoothsailing]

This is a defense lawyers dream. Send in the clowns.

The clown is already here....

[MrEdd]

In a just world KSM (piss be opon him) would be given a pig heart transplant and gender reassignment surgery. Then she would be shipped off to a Sudanese brothel.

[Dr. Bogus Pachysandra]

” I think they should be released in Manhattan at the time the first plane hit. “

And ,,,,, from the same altitude!

[wildbill]

Holder and Obama want the defense to be able to call Dubya and Rumfield to the stand for testimony about our info gathering.

They want to blame them for everything.

[TexasFreeper2009]

If he is tried in a civilian court he will be let free, mark my words.

And they will blame Bush.

[WesternPacific]

If he is tried in a civilian court he will be let free, mark my words.

I think you are right. All it takes is one fool on the Jury for Justice Denied. We all remember the OJ trial and the statements of "I'm not going to send another successful Black man to Jail." Does any one believe a fellow muslim will be impartial? Does anyone think a disqualified muslim jurist will not sue for being disqualified? Talk about a legal nightmare and a defense lawyer's dream.

[TigersEye]

• If his prosecution is guaranteed then it is a sham trial.
• If the case isn't thrown out for violations of his Miranda rights and other due process violations then it is a sham trial.
• If the case is dismissed or he is acquitted but they keep him detained then it is a sham trial.

I just don't see any options for 0bammy and Holder that would lead to an outcome that isn't a sham trial. But I'm not a lawyer so I can't see all the things they do.

[sport]

I got a feeling that however this ends we won’t like it. It will be bad for us. By us I mean Conservatives, Christians, and advocates of the Constitution.

If the oath keepers intend to do anything they need to be saddeling up and tuning their fiddles. Time to act is rapidly running out.

[sport]

I got a feeling that however this ends we won’t like it. It will be bad for us. By us I mean Conservatives, Christians, and advocates of the Constitution.

If the oath keepers intend to do anything they need to be saddeling up and tuning their fiddles. Time to act is rapidly running out.

[jwalsh07]

Dershowitz has it exactly backwards. No surprise there, liberalism is a mental disorder.

[1066AD]

BS.

Military Tribunals sufficed at Nuremberg after WW2, they would do here too.

[TexasFreeper2009]

actually I believe a jury would find him guilty, but either the judge will dismiss the case, or he will win on appeal, either way he will go free.

[Eagles6]

"And ,,,,, from the same altitude!"

Good idea.

[WesternPacific]

With obama and holder making statements as to the probable outcome of the trial, I can see multiple appeals being filed. If I had a client and the President of the United States is predicting a guilty verdict before the trial begins, I would probably begin the paperwork.