Posted on 11/24/2009 7:00:24 PM PST by CJacobs
For discussion only!
Should the criminal case of Khalid Sheikh Mohammed (aka KSM) be dismissed?
Some potential motions:
1) Judicial Misconduct:
Violations of Miranda, violations of Escobedo, as stated by the President of the United States, KSM was "tortured". Violations of the right to a speedy trial. Detained by federal agents for more than 24 hours without being formally charged.
2) Double Jeopardy:
In the case of Dr. Jeffrey McDonald:
Source:
http://www.altlaw.org/v1/cases/534614
Quote:
"Since MacDonald was not put to trial before a military tribunal authorized to convict or acquit him, jeopardy never attached. Serfass v. United States, 420 U.S. 377, 387-89, 95 S.Ct. 1055, 43 L.Ed.2d 265 (1975). "
Khalid Sheikh Mohammed:
Tribunal Hearings:
http://www.defenselink.mil/news/transcript_ISN10024.pdf
http://www.defenselink.mil/news/transcript_ISN10012.pdf
Military Tribunal Charges:
http://fl1.findlaw.com/news.findlaw.com/nytimes/docs/terrorism/usksmetal20808chrgs.pdf
Or, did this one retirement, perhaps, prevent KSM from being subjected to Double Jeopardy?
http://projects.washingtonpost.com/guantanamo/timeline/
"November 18, 2008: The chief military judge at Guantanamo Bay announces his retirement, effectively ruining the small chance that the trial of conspirators in the Sept. 11, 2001, attacks could get underway before the Bush administration ends. (Post: Top Judge at Guantanamo Announces Retirement (Nov. 17, 2008)) "
Despite Dr. Jeffrey McDonald's appeal for "double jeopardy" being denied because it was a military tribunal hearing (not a trial), a LOT of web sites feel that Dr. Jeffrey McDonald WAS subjected to Double Jeopardy:
Source:
http://www.victimsofthestate.org/CC/DJ.htm
Quote:
"Double Jeopardy Cases
7 Cases
NC - Ft. Bragg - Dr. Jeffrey MacDonald 1970"
Really? For Vomit Only.
I do not see how they can get a conviction.
My guess is that this will drag on for years. I base this upon what you have posted. A conviction appears to be unlikely
Well for one thing Obama and Holder have been busy urinating on Constitutionally protected Due Process by absolutely guaranteeing that the Enemy Combatants will be 100% found guilty.
The trial of the Jihadists is actutally an assault on all of our civil rights.
For Discussion Purposes Only.
ON THE INTERNET:
http://www.truthusa.com/911.html
#
A Look at Obama:
http://www.freerepublic.com/tag/obama/index?tab=articles
http://www.freerepublic.com/tag/impeachobama/index?tab=articles
#
A Look at Eric Holder:
http://www.freerepublic.com/tag/holder/index?tab=articles
http://www.freerepublic.com/tag/ericholder/index?tab=articles
If our laws mean anything, they cannot convict. Holder is an incompetant political hack. This is going to explode in his face.
Remember, Obama was a constitutional law professor. Not really. He was a lecturer of some sort. Obviously full of crap.
Eric Holder - the worst AG ever. Makes Mitchell look like God, but Mitchell at least was working to protect America.
Holder is the enemy and his boss is the “Enemy in Chief”.
If the case can be dismissed, that opens it up for him to become terrorist trial czar in the WH.
I’d say... yes...the case should be dismissed...
Set him free.... Let him go...
I’m all for it...
If we are going to put up with this farce... let’s reverse the farce....and support these @ssholes getting released...
Let Obama and company deal with it...
I say I agree with you. Their case should be dismissed based on all the above...
Once he’s acquitted, CNN will give him his own show.
You are assuming that this administration wants freedom to triumph over islam.
Show me one shred of evidence.
Live by leftist courts and leftist ACLU rules, KSM will walk. Thanks Obama and Holder.
Holder is a necrophile with a spot in his heart for Marx. Sleaze covers everyone in this administration.
“I do not see how they can get a conviction.”
Not only will they not get a conviction, Bush and Cheney, the CIA and the military will all be tossed in prison for “torture” and other gross violations of human rights like giving KSM crunchy peanut butter when he prefers smooth.
So yeah, they should be dismissed. (But only after there's at least 2 good snipers in place to drill one right between his eyes as he leaves the courthouse.)
I think Holder will intervene with these trials causing delays until after 2012 and Obama running for a second term.
Delaying the trial will infuriate many people but nowhere near the number who will be pissed if KSM is found not guilty or the case is dismissed. It also allows the government to spend years pushing the “evils” of the Bush Administration.
If KSM isn’t convicted and Obama is able to pull out a second term (God forbid that!) it does no damage to him politically.
The PREDIDENT Of the UNITED STATES already said he will be found guilty and executed~!!
If I was a defense lawyer the first thing I would do is ask for it to be tossed out on those grounds (prejudiced)
Then the 2nd, 3rd and 4th and etc etc would be endless appeals for dismissal for any one of the other millions of stupid rules
This is going to be a 3 RING CIRCUS
Nope.
The prosecution should give a long flowery speech about how much the information they gave us helped the United States track down an kill other jihadists, and how critical it was to preventing terrorist attacks on US soil (and elsewhere) during the entire Bush administration. How although they feel bad about having to let them go scott-free, knowing just how much service the were to the US during their time at Gitmo takes most of the sting out of it.
In recognition of this service and in compensation for depriving them of their freedom, we will give them each $10,000 in gold and drop them by parachute in the capital cities of their countries of origin...
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