Free Republic

BY the real-world standard of how lawyers act, Attorney General Eric Holder's professed certainty about his decision to try Khalid Sheik Mohammed and his co-defendants in federal court is strictly (pardon the expression) "bush." It's an old adage among litigators that you're not a real trial lawyer until you've won an unwinnable case and lost an unloseable one. Lawyers in private practice know -- and make sure their clients know -- that litigation is a chancy business. That, of course, is a major reason why private disputes are overwhelmingly settled before (or during) trial and why most criminal cases are...

Syndicated talk-radio host Mark Levin spoke with former Assistant United States Attorney Andrew McCarthy this evening about AG Eric Holder's decision to prosecute 9/11’s conspirators, Khalid Sheikh Mohammed and four lieutenants, in federal court a mere 6 blocks from Ground Zero. "The Cole bombing did not prompt a military war against al-Qaeda. It eventually resulted in a civilian indictment that is still pending. The Pentagon is the ultimate military target, and the attack against it spurred both the war we are now fighting and the implementation of military commissions to try jihadist war criminals. Yet, Holder has decided to give...

A lawyer for one of the five men facing trial for the Sept. 11 attacks says the men plan to plead not guilty and use the trial venue to express their political views. Attorney Scott Fenstermaker said his client Ali Abd al-Aziz Ali and the others will not deny their role in the 2001 attacks but will tell the jury "why they did it." He said that the men will explain "their assessment of American foreign policy." Fenstermaker met with Ali last week at the U.S. prison at Guantanamo Bay, Cuba. He has not spoken with the others but said...

Attorney general's advisers have conflicts on detainee casesThe Obama Justice Department is having problems prosecuting terrorist cases because top department attorneys have conflicts of interest. According to documents obtained exclusively by The Washington Times, Associate Attorney General Thomas J. Perrelli, No. 3 official in the Justice Department, had to recuse himself on at least 13 active detainee cases and at least 26 cases listed as either closed or mooted. Sen. Charles E. Grassley, Iowa Republican, made waves Nov. 18 when he demanded that Attorney General Eric H. Holder Jr. provide a list of all the suspected-terrorist detainee cases from which...