Khalid Sheikh Mohammed Dismissal?

Findlaw.com ^ | 11/24/2009 | Self

[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"

[stephenjohnbanker]

“I think Holder will intervene with these trials causing delays until after 2012 and Obama running for a second term.”

Bingo

[Former MSM Viewer]

Im no legal expert, but using our legal standards for citizens, HOW can any evidence we got from him be admissible?

[mark3681]

This trial will be a joke!

The Pres_dent of the United States of Amerika has already stated that KSM will be found guilty, that he will be convicted. How can anyone expect this farce to work out any other way than an acquittal?

The trial has been intentionally tainted from the outset.

[Brytani]

It can’t be - the only way this case will even get to jury selection is if all court rules and the constitution is completely thrown out.

[CJacobs]

I began this thread on some possibilities for dismissal. On the issue of admissibility of evidence, the following could also be argued:

Direct Confessions: Not admissible

Other’s interrogations: Not admissible

Patriot Act Evidence: Not admissible (Quote Obama on violations of Due Process and Civil Rights)

Fruit of the Poisonous Tree: And from all of these sources, you have the fruit of the poisonous tree to prevent all other evidence derived from these sources not admissible as well.

[Delta 21]

[oldvike]

Okay, let me get this straight...the Sheik helped plot the 9/11 attacks on New York. New York helped elect Obozo. Obozo asked for trials in New York. The Sheik will be acquitted. New Yorkers will be outraged. Am I supposed to feel sorry for those New Yorkers?

[CJacobs]

Funny, yet sad. Reminds me of the scene from Jurassic Park where Jeff Goldbloom says something like:

God creates dinosaurs, God destroys dinosaurs, God creates man, man creates dinosaurs, dinosaurs eat man.

[Rabin]

CJ,

Breathtaking, now could you let us know how you came by Eric’s playbook.

Nice job, well done, Rab.

[oldvike]

10 years ago I would have said your scenario would be more likely than what is actually happening. I feel like I’ve been knocked in the head and woken up in bizzaro world.

[Vinnie]

If he’s acquitted, and I don’t think it will go that far, I hope he’s turned loose IN the US.

Here he can get the ‘Brass Verdict’. (from a Michael Connelly book)

[cookcounty]

The primary stated reason that these guys were put in Gitmo was to assure they they would not be able to use the US Civil system. Now that they are coming here, the absoluteness of OUR protections before the law may well be eroded, because "exceptions" will need to be made in order to convict. So the "Civil Libertarians" are literally weakening our guarantees as citizens.

All because Obama and Holder have low self-esteem when they think of their country and want the world to like them better. Sick.

[februus]

Did he not also plot the attack on the Pentagon? What kind of freaking idiocy is this? When is there Justice for AMERICA?!!

[El Gato]

I do not see how they can get a conviction.

I imagine IF they could get it to a New York City jury, they'd get a conviction, if all they got to admit in evidence was that KSM was Muslim, along with some hint of how they ID'd him as a High Value Target". Probably be overturned on appeal, but they would get one.

Of course the same thing could happen with a military tribunal, since the military and civilian systems meet at the Supreme Court, and even the United States Court of Appeals for the Armed Forces might overturn.

[okie01]

So the "Civil Libertarians" are literally weakening our guarantees as citizens.

Confident, of course, that it will never affect them.

Only those low-brow ignorant conservatives...

[null and void]

I feel like I’ve been knocked in the head and woken up in bizzaro world.

It's Bi-Zero world...

[nomad]

And perhaps this is just an attempt to set a very dangerous precedent in which,should he and his leftist handlers decide to declare others enemies of the state,he can hold kangaroo courts for them and point to this as an example?

[Bean Counter]

Any defense attorney worht his salt will file those motions and then some over these case. Given the history of the KSM case that we know of, I do not see how it is possible to get as far as a trial.

And what happens if a Judge Ito gets the case??

Too many variables and too many ways this whole thing can go to shit...

[Intolerant in NJ]

3) Public statements by the Attorney General of the United States and the President of the United States that KSM and his friends were guilty and would be convicted no matter what - prejudicial and make it impossible to find an impartial jury.......

[Hoodat]

If the judge goes by the letter of the law, it is quite likely that this case will be dismissed. However, I fully expect President Axelrod to apply some of that Chicago-style pressure on the judge to ensure a conviction. This will be nothing more than a show trial, with the main defendant being President Bush.