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Khalid Sheikh Mohammed Dismissal?
Findlaw.com ^ | 11/24/2009 | Self

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"


TOPICS: Crime/Corruption; Government; News/Current Events; War on Terror
KEYWORDS: 911; democrat; democrats; ericholder; holder; impeachobama; ksm; nationalsecurity; newyork; nowot; ny; nytrial; obama; september112001; terrorism; terrorthreat
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To: CJacobs
Once again, this was done deliberately in order to weaken the U.S. justice system and to set precedents that will make it impossible to fight foreign terrorism and even impossible to ever again effectively fight a foreign war.

These people are not incompetent boobs (well, OK, Holder is), but rather brilliant strategists bent on destroying the might of the United States in order to turn it into nothing more than "just one nation amongst hundreds". It will take a constitutional amendment to undo the damage that this trial will produce.

41 posted on 11/24/2009 9:49:20 PM PST by catnipman (Cat Nipman: Made from The Right Stuff)
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To: Intolerant in NJ

” prejudicial and make it impossible to find an impartial jury “ .... BINGO !!


42 posted on 11/24/2009 10:12:30 PM PST by American Constitutionalist (There is no civility in the way the Communist/Marxist want to destroy the USA)
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To: garjog

That’s an outrageous accusation. KSM loves crunchy.


43 posted on 11/24/2009 11:03:19 PM PST by karnage (worn arguments and old attitudes)
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To: El Gato

If I were KSM’s lawyer, I would demand muzzies on the jury. “Peers” and all that. Only after my motions for dismissal because of various rights violations were denied.


44 posted on 11/24/2009 11:06:45 PM PST by karnage (worn arguments and old attitudes)
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To: CJacobs

Clearly, this is all part of Obama’s promise of “shovel ready jobs”.

Shoveling all of the BS from the mouths of the terrorists and their lawyers.


45 posted on 11/24/2009 11:09:45 PM PST by airborne (As long as Muslims are a "protected species", all Americans are an "endangered species".)
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To: catnipman

Theier attorney has already hinted that they will proceed with a defense based something on the order of
“self defense”...or to prove justifiction for what they did.
In other words throw out there the US atrocities to the Muslim faith etc etc. Then show that what they did was an act of preservation.


46 posted on 11/25/2009 1:28:28 AM PST by nikos1121 (Praying for -16.)
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To: CJacobs

I’d say there is only one thing to do right now, and that is for sane and intelligent people to take this issue before the SCOTUS and ask where should these people be tried, and who has the juridiction to make that decision. If it is the president, then make it so.

AS much as I loathe these people, I now realize that the sheer act of trying bring these people to trial in a civilian court, while at the same time hold hearings against the CIA interrogators... speaks volumes about the president...


47 posted on 11/25/2009 1:33:56 AM PST by nikos1121 (Praying for -16.)
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To: CJacobs
Obviously, and Federal judge not in the bag will dismiss these charges in a nanosecond.

I wonder if that's the point.

48 posted on 11/25/2009 1:35:25 AM PST by Jim Noble (We Are Traveling in the Footsteps of Those Who've Come Before)
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To: Jim Noble
Just to follow up on this thread that I had started.

Source and quotes from the article:

http://cityroom.blogs.nytimes.com/2009/12/01/suspected-terrorist-asks-judge-to-dismiss-case/

“We respectfully submit that this case presents possibly the most unique and egregious example of a speedy trial violation in American jurisprudence to date,”

“This motion asks one primary question,” the lawyers, Peter E. Quijano, Michael K. Bachrach and Gregory Cooper, wrote. “Can national security trump an indicted defendant’s constitutional Right to a Speedy Trial? We respectfully submit that the answer is emphatically and without qualification, ‘No.’ ”

49 posted on 12/08/2009 5:45:06 PM PST by CJacobs (From the Ozark / Clarksville area)
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To: CJacobs
This is truly the Gang Who Couldn't Think Straight.

Ivy League elites all.

50 posted on 12/08/2009 6:25:20 PM PST by CaptRon
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To: CJacobs
Yes, the case should be dismissed.

KSM is not guilty of any crimes under the US Code - he's fighting a war against the United States.

We didn't prosecute Fuchida - we nuked his country.

If the rules of criminal procedure are followed, there's no way this "case" won't be dismissed.

51 posted on 12/08/2009 9:07:38 PM PST by Jim Noble (Hu's the communist?)
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