Posted on 11/19/2009 1:44:22 PM PST by Conservative Vermont Vet
Attorney General Eric Holder lacks authority to make a decision on moving terror detainees to civilian courts for trial, one of his predecessors said Wednesday.
Former Attorney General John Ashcroft, who held his position during the Bush administration from 2001-2005, said that Holder lacked the legal standing to decide to move alleged 9/11 mastermind Khalid Shaikh Mohammed and other terror detainees to federal courts in New York City to stand trial. >p>
"The attorney general doesn't have the authority to mandate that the secretary of Defense turn somebody over to him and yield jurisdiction so that something that would have been done in a military setting is done in a civilian setting," Ashcroft told the Christ Stigall show on KCMO radio this morning.
"I believe that this is a decision that comes as a result of the president making the decision, or if not making the decision, allowing an attorney general to do what he normally doesn't have the authority to do, and could only do at the acquiescence of the president," the former AG and former Missouri senator argued.
(Excerpt) Read more at thehill.com ...
Former Attorney General John Ashcroft, who held his position during the Bush administration from 2001-2005, said that Holder lacked the legal standing to decide to move alleged 9/11 mastermind Khalid Shaikh Mohammed and other terror detainees to federal courts in New York City to stand trial.
"The attorney general doesn't have the authority to mandate that the secretary of Defense turn somebody over to him and yield jurisdiction so that something that would have been done in a military setting is done in a civilian setting," Ashcroft told the Christ Stigall show on KCMO radio this morning.
"I believe that this is a decision that comes as a result of the president making the decision, or if not making the decision, allowing an attorney general to do what he normally doesn't have the authority to do, and could only do at the acquiescence of the president," the former AG and former Missouri senator argued.
President Barack Obama has said that he instructed Holder to make an independent determination on the best way to proceed against the terrorist detainees.
"You know, I said to the attorney general, make a decision based on the law," Obama said in an interview on CNN this morning.
The president has backed Holder's decision, saying he has confidence in the court system to resolve the cases, including a potential death sentence for the defendants.
Ashcroft said his own experience as attorney general led him to his conclusion about Holder's authority.
"The office of Attorney General doesn't have the power or authority to do this on its own, in my judgement," he explained. "Of course, my judgment can be flawed -- I spent a few years there and considered these kinds of issues."
IS IT JUST ME WHO THINKS THIS IS "HUGE" or is this much ado about nuttin?
I posted excerpts about this, this afternoon after I heard Rush mention it, and got almost no reaction from fellow Freepers.
I had meant to post the question yesterday as this has been bothering me but now I don't have to as I believe Ashcroft has answered the "authority" question for me
After all, IF the AG can assume the "authority" to order the Military to relinquish jurisdiction over KSM and the other scumbags, what is to prevent him from ordering the Military to take other actions, based upon his "sole" discretion?
Again, much like when Holder could not answer Twinky Grhamnesty's question about precedent for this kind of action, I don't think (to my knowledge) the DOJ has ever tried to usurp powers not delegated to it under any authority and attempt to "order" the military to do anything, after all, the military answers only to the President, right?
Now, it remains to be seen what--if anything--will come of this.
While I claim to be a student of the law, (though background and education is in business) I would like to hear from some of you who might be more knowledgeable about the law as to what, IF anything could be undertaken (not to prevent this, cuz its more than likely a done deal) but to FORCE Dear Leader to put his "Official" imprimatur thereon so that when the sheet hits the fan (which it will) he can NOT weasel his way out of this and claim it was all Holder's doing.
So, does anyone think that someone from NYC might have standing to challenge this in court on the authority issue? Or any other suggestions on how we might force the Liar-in-Chief to "take ownership?"
I like this, but it is preaching to the wind.
This Administration will not reverse his decision ... nor will it get to the USSC, in an expedited fashion, to get a decision.
Actually, this was one of the first things that occurred to me. How could he possibly take jurisdiction from the military tribunal?
It is quite possible that jurisdiction is going to be the thing that undoes all of this.
Huge.
If this had occured under Bush (either one), Helen Thomas would’ve popped a jugular.
Has anyone seen anything which indicates WHEN this NYC circus trial might begin?
Exactly Obama is full of this kind of crap. Making it appear that he is staying centrist when in fact he is making decisions in support of the fringe wacky wingnut left in his party.
Yes Obama needs to take ownership of this. Because nothing good can come of it. He has already pre-judged the case tainting an already tainted jury pool. Will there be a single muslim allowed on the jury? How can a devout muslim convict someone that insists that he is following the Koran?
The only fair way that this could have been handled was in the military system but Obama trying to do everything opposite of what Bush did so he can try and stick it in the eye of the Bush Administration has just stepped in it royally by making this bad decision.
>> any other suggestions on how we might force the Liar-in-Chief to “take ownership?”
Sure. Just let nature take its course. There isn’t a sane person in the US that believes that this is all Holder and no Obama. He owns it, all right.
And if Obama tries to duck it down the line, he’ll look like an idiot and pay a HUGE price, politically.
The Obamistration has screwed itself big time with this one. I am beginning to believe there are no bounds on their incompetence. I just hope their foulups don’t cost innocent Americans their “blood and treasure” (but of course they will).
Just my 2c
Has anyone seen anything which indicates WHEN this NYC circus trial might begin?
I also suggested that Obama ("Mightry Muslim" would step up and "Save the Day" ...and rescind the order...
We would all BOW down...and give thanks!!
The rules and protocol are no longer valid due to the dumbing down of America combined with the complete lack of integrity and utter stupidity of our “leaders.”
If one single person dies because of this backassward decision of Obama’s then he should be impeached.
If 0bama’s polling keeps dropping, the following could very well happen. Gates could proclaim that he has located his testicles and say that KSM is his responsibility and Holder can’t have him. 0bama decides to side with Gates. Holder resigns. Once again the front man for one of 0bama’s lame decisions gets thrown under the bus. Not saying this will happen. But there is precedent from this Keystone Cop administration.
Impeachment !
And if Obama tries to duck it down the line, he’ll look like an idiot and pay a HUGE price, politically.
Ya think? Well, pray tell, who is going to tell the tens of millions of sheeple who get their news from the State-Run, Lame Stream Media?
Taking bets on other than conservative blogs that this will NOT see the light of day--even on Fox.
Don't want to count on a maybe; want to force this Fascist, Pretender to HAVE TO announce that yes, he approves and has given Holder permission to proceed.
A competent and honest judge would refuse to take the case because he doesn’t have jurisdiction. Will that happen with this adminisration in any NY federal court? (yawn)
Meanwhile, the MSM is MIA...too busy fact-checking Palin’s book to notice that BO and his boys ARE ‘going rogue’.
These scumbag muslims were caught on the battlefield and they belong to the military!
Where is the leadership of our armed forces?
Death to islamists!!
Most assuredly that will happen, but the administration will distance itself, if it ever even becomes public knowledge. Certainly, there are islamofascists that would love to make a demonstration in downtown Manhattan, but I pray our internal security folks can pre-empt that sort of thing. What I'm more concerned about is the intel that will become public during the trial. What idiots like those in the current administration fail to realize is that in the intel world, compromising what you know more often than not compromises how you came to know it.
If the CIA, DIA or other collection agency has embedded sources within terrorist organizations which either led to the capture of these individuals, or that they have been able to cultivate as a result of their interrogations, such persons will not be long for this world once the court transcripts become public.
He'd be lying.
This is what Obama IS CAUSING...EVEN BEFORE IT HAPPENS....
Remember Airforce One skimming the Statue of Liberty.
B******
Not sure,...one of the things it has done is take up some of the headline space held by the Fort Hood Jihad attack!
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