KSM will never get a civilian trial

Though New York City will apparently be spared the unnecessary expense and disruptions of a civilian trial of Khalid Sheik Mohammed & Co., President Obama and Attorney General Eric Holder are threatening to take the show on the road to some other unfortunate locale. But mark our words, it won't happen.

KSM and his cohorts will be tried in a military commission at Guantanamo Bay -- because the administration has made it almost impossible for them to get a fair trial in a civilian court.

In a typical criminal case, the government says very little outside of court, and what it does say in public is limited to a plain-vanilla recitation of the accusations with liberal use of the word "alleged" before the charges, as well as a reminder that everyone is innocent until proven guilty. This is for good reason: A defendant has a right to a fair trial, and pretrial publicity that is unduly prejudicial will deny the defendant that right.

Does anyone remember 1970 when Richard Nixon set off a howl of condescending protest in the press and liberal circles when he said before Charles Manson’s trial “He’s guilty, he did it”, which was true beyond a shred of doubt, trial or no trial. Prejudging the case where you’re innocent until proven guilty, poisoning the jury, horrible pretrial publicity swooned the usual critics. Manson proceeded to hold up a copy of a tabloid at the trial with “He’s guilty” on the front page and almost got a mistrial. Where have the similar howls of outrage been over the incessant “prejudging” by the AG and the White House of this very guilty man??

Obama, Holder and Gibbs - are they really as stupid as they seem? Are they simply blinded by their ideology? Are they just so used to saying whatever it takes to get whatever they want?

The contradictions of Obamism are such, it's amazing it doesn't fly apart. OK, the reason Obama/Holder give for trying terrorists in civilian courts is that this is the true American tradition of our justice system to give everyone a fair trial. However, neither America nor any other country in the history of the world have ever given terrorists captured on the battlefield civilian trials equal to criminal trials. Never. The Geneva Conventions do not call for this. But for Obama/Holder, this is the true American Way.

The other reason given by Obama/Holder for these trials is that we are going to show the world the fairness of the American judicial system. Ah, the rest of the world is not concerned about this. The hubbub about Gitmo is simply a way for anti-Americans to attack America. With Obama in office, the usual suspects are still spouting their anti-American smears, ie French Minister channels Hugo Chavez and accuses America of "occupying" Haiti.

But the main contradiction that is exploding heads all over in America have been the repeated statements by Obama/Holder/Gibbs to 'not to worry, after their fair trial and habeus rights, we're going to execute the terrorist'. And I am not making this up (channeling Dave Barry), this is what they've said.

Now, if you look at the legal side of this. KSM and other terrorists are going to have their charges thrown out by any competent judge in our criminal justice system. When was KSM mirandized? KSM was "tortured" according to the Obama Administration, how can this evidence been allowed in court? And any evidence that came after the "torture"? KSM has been locked up for years without a trial. KSM was captured in Pakistan, was he legally extradicted?

I kind of hope, Obama succeeds with his approach, so that his insanity will then be obvious to anyone.

The Obama/Holder contention that the civilian trial of KSM and other selected Gitmo detainees is to ‘showcase’ the US system of Justice is entirely false. 180 degrees false.

Consider: KSM gets the civilian trial that he has been promised. His lawyers make all the pre-trial motions for ‘dismissal’ on the grounds that we have discussed. KSM gets convicted anyway (I believe that this is what will happend). KSM’s lawyers appeal all the way to the USSC in a process that takes a decade to playout. If he wins the appeal, nobody will remember or care (no positive demonstration of Justice to the world). If he loses, we execute him to the howls of the world. “The World” is very selective in its outrage when it comes to the US.

Somebody show me just how we are supposed to come off looking good in this thing?

KSM should have gotten a quick military trial where classified evidence could have been used. If found guilty, he could have appealed to the USSC who would have heard the procedural arguments. Then a quick sentence if a guilty verdict is upheld. Swift justice.

Oh there’d be the usual complaints. But there wouldn’t be as much time for the complaints to fester.

They may be a little “off” mentally - you really have to be to be an adult leftist - and they are surely ideologues. But in many cases, I truly believe that their actions are explained as something far more juvenile: they simply want to screw with us. They hate the right and anybody who supports the right and every once in a while they like coming up with a policy decision that they know will bite us squarely on the ass.

The KSM trial seems to be such a matter. Holder and Hussein must be savoring the moment - they have conservatives tearing their hair out over it. Maybe they’ll reverse the decision and maybe not. If they do, it will be a purely political decision brought about by pressure by people from their own base who object to it.

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