Ashcroft: Holder lacks legal authority to order terror trials

The Hill ^ | 11/18/09 | Michael O'Brien

[BARLF]

In another interview, Obama said he had not tried to tell Attorney General Eric Holder whether the case involving KSM and four other alleged 9/11 plotters should be heard in federal court or before a military tribunal. “I said to the attorney general, make a decision based on the law,” the president told CNN’s Ed Henry.

“We have set up now a military commission system that is greatly reformed and so we can try terrorists in the forum.

But I also have great confidence in our Article 3 courts, the courts that have tried hundreds of terrorist suspects who are imprisoned right now in the United States.”

Obama also suggested that critics of the decision are unwisely building the alleged Al Qaeda operatives into larger-than-life figures who require the U.S. to abandon its usual legal processes.

Decision is all Holders. LOL

[Yorktownpatriot]

I’ve considered Obummer lower than dirt since he was elected!

[MindBender26]

This is a very sticky legal question.

If the USAG cannot order the military to “habeas corpus” the defendants to NYC to answer some civilian charge, then the CIC, POTUS can order it done at the req of the AG.

A military judge could try to block it, but does he answer to POTUS as CIC?

Just what civilian charge do they face? Can we charge someone who committed the alleged crime while on foreign soil? Probably, but it opens all sorts of problems for appeal, etc.

Can these guys get convicted in NYC? Who knows. All the confessions, statements, etc will be inadmissible because they were not advised of their rights under Miranda.

The AG will look for an Excited Utterance exception, but most will boil down to what the chauffeur may or may say KSM said to him.

This is all Obama’s way to try Bush and the CIA.

[BP2]

The Patsy

The Mob Boss
who set him up

[Missouri gal]

So is this how the Muslim-in-Chief gets his brothers off the hook? They are convicted, but it’s appealed and overturned, due to lack of jurisdiction? It wouldn’t surprise me one bit!

[jersey117]

There is going to be a massive protest in downtown NYC on December 15th.

[Enchante]

I’m not sure that Holder needs to “order” anything.... the Secy of Defense reports to the POTUS. If Obamanation wants it done then Secy Gates will do it, or else the Obamanation finds himself a new Secy of Defense.

probably Obambi does not want his fingerprints on this any more than necessary, but I find it hard to imagine that Gates will resist (and is probably happy to wash his hands of the matter).

I don’t see that there could be a real legal as opposed to administrative/executive issue. The only way a Secy of Defense could resist the wishes of the WH on such a matter is if the POTUS dared not sack the Secy of Defense for some reason.

In this case, I assume that Gates is happy to comply, or can be persuaded to comply, unless he is already on his way out of this admin.... in that case they will simply speed his exit and get someone more obedient to the whims of the far left.

[Enchante]

yeah, the “decision” for Holder (AND for Gates) is open so long as they agree with what they KNOW the Obamanation wants on the matter.....

oh, yes, really freely deciding executives with no “command influence” .... and if anyone in the world doubts that Holder and Gates both know exactly what Obambi thinks should happen, I have a really nice expanse of swampland, er, “wetlands” to sell......

[devere]

Holder derives his authority from his appointment as stupidity czar.

[ExTexasRedhead]

Impeachment!!! Yes, while we still have a country left and a tiny bit of freedom. Are there absolutely no gonads in the US Congress or on the Supreme Court???

[RightOnTheLeftCoast]

I vote for much ado about nothing. Ashcroft would seem to be correct, the AG has no pull to unilaterally take a proceeding from the SecDef’s sphere and place it in his own. But if he is representing the President, he’s doing the CiC’s bidding. And that is all that’s necessary.

It does mean that Obama can’t vote ‘present’ on this. This has got to be his call.

[RightOnTheLeftCoast]

"Impeachment!"

If America votes in a rational Congress in 11.5 months, it could happen. But not with the current cast of characters, no way in hell.

[BARLF]

Here is the article I wanted.........It was the interview with CNN’s Ed Henry in China. Henry forced Obama to admit in the end the blame would fall to him*obama) if something goes wrong. Have to give Henry some credit for that......being CNN.)

http://thepage.time.com/transcript-obama-cnn-interview-in-china/

scroll about 7/8 paragraph

[firebrand]

We are the peanut gallery. Obama is a sick Howdy Doody, and the illustrious U.S. Senate Republicans reduced to Mr. Blusters. They are speaking out but not being heard, nor are we of course.

[Mad_Tom_Rackham]

Well, 85% of what they do is unconstitutional. Doesn’t seem to stop them when the “opposition” is nothing more than fart gas in the wind.

[taraytarah]

"You know, I said to the attorney general, make a decision based on the law," Obama said in an interview on CNN this morning.

Sure you did.

[Liberty Valance]

[matthew fuller]

"So, does anyone think that someone from NYC might have standing to challenge this in court on the authority issue?"

In my citizen/layman opinion, you nailed the right issue here, that is, the "Holder" decision will need to be challenged in court, and then, exactly who has legal standing.

[LibertyRocks]

Just wait till Holder says that Hassan should be tried in the Federal Courts instead of a military tribunal — if he can take custody of this man, who’s to say he won’t use this as precedence in regards to others in military custody. [I know Hassan is a member of the military, and KSM isn’t even a citizen, but what kind of precedent is this setting???]

[matthew fuller]

"Just wait till Holder says that Hassan should be tried in the Federal Courts instead of a military tribunal "

As a natural-born citizen,(as opposed to Obama) I don't believe that a military Tribunal will be allowed, just a normal Court Martial under the UCMJ. A military member on federal property. The one civilian that he killed (and civilian guard that was shot) might be Texas crimes, but I doubt it.