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"
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.
” prejudicial and make it impossible to find an impartial jury “ .... BINGO !!
That’s an outrageous accusation. KSM loves crunchy.
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.
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.
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.
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...
I wonder if that's the point.
Ivy League elites all.
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.
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