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Why the gov't could lose this case
NY Post ^ | November 25, 2009 | MICHAEL W. SCHWARTZ

Posted on 11/25/2009 3:10:28 AM PST by Scanian

BY the real-world standard of how lawyers act, Attorney General Eric Holder's professed certainty about his decision to try Khalid Sheik Mohammed and his co-defendants in federal court is strictly (pardon the expression) "bush."

It's an old adage among litigators that you're not a real trial lawyer until you've won an unwinnable case and lost an unloseable one. Lawyers in private practice know -- and make sure their clients know -- that litigation is a chancy business. That, of course, is a major reason why private disputes are overwhelmingly settled before (or during) trial and why most criminal cases are also "settled" by plea agreement.

(Excerpt) Read more at nypost.com ...


TOPICS: Government; News/Current Events; US: New York; War on Terror
KEYWORDS: americainperil; clownsincharge; doj4bombers; doj4terrorists; dojantiusa; dojisajoke; enemydomestic; enemyinside; federalcourt; holder; holder4blackpanthers; holder4bombers; holder4terrorists; holderantivoters; islaminside; ksm; murphyslaw; obama4terrorists; obamaantiusa; obamasupportsterror
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1 posted on 11/25/2009 3:10:29 AM PST by Scanian
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To: Scanian

If there aren’t any Muslims on the jury, how will the issue of trial by a jury of peers fare?


2 posted on 11/25/2009 3:15:59 AM PST by monocle
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To: Scanian

Jury trials are always a crap shoot. Always.
Holder will simply blame Bush if the judge dumps a bunch of evidence and/or the jury returns an unfavorable verdict. As the article points out, the great zero will have this circus going on for sometime, trashing the Bush administration and distracting the voters from what he’s doing.
It’s a win, win, win scenario for the great zero and his scum allies. There is no down side regardless of what the jury comes up with. Remember;over 50% of the voters were stupid enought to vote for the great zero and his scum allies. They will be on the jury.


3 posted on 11/25/2009 3:18:40 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Scanian

After what 0bama & Co. said, I would think it’s more likely to be “Why the govt could not win this case”.


4 posted on 11/25/2009 3:28:59 AM PST by paudio (Road to hell is paved by unintended consequences of good intentions)
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To: Scanian
Hey, I go take this case for terrorists and win it in the civilian Federal courts. Easy.

1. No Miranda warnings, required as soon as the suspected is in custody.

2. Kept from access to a lawyer for years.

3. Tortured by government officials, as defined by President Obama, hmmm, I think I subpoena Obama.

4. Prejudicial statements by Attorney General Holder and President Obama saying that the defendants were going to be convicted and executed with 100% certainty.

5. Illegally detained for years, after illegally being kidnapped in Pakistan and brought to a third country.

6. Cases ought to be dismissed.

7. Evidence, ie confessions, will need to be excluded.

8. Charges ought to be brought against Bush, Cheney, CIA director, officials and operators.

9. Charges need to be brought against the interogators, ie torturers.

10. Charges need to be brought against every Marine the terrorists have been in contact with at Git'mo, as well as the Marine change of command.

I'm not a lawyer and I came up with this stuff. Lawyers are going to do this and multiply by a 1000.

The KSM trial is going to be pure acid eating away at the Obama Administration. Add their disasterous economic and fiscals policies and Obama has the chops to set the Democrat Party back for a generation. This guy makes Jimmah Carter look like a genius.

5 posted on 11/25/2009 3:34:02 AM PST by Jabba the Nutt (Are they insane, stupid or just evil?)
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To: monocle
"If there aren’t any Muslims on the jury, how will the issue of trial by a jury of peers fare?

Going to be just one of the aspects of this that make it circus like.

6 posted on 11/25/2009 3:34:15 AM PST by n230099 ("Lettin folks in DC watch your money's like lettin a dog watch yer food". (Unknown))
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To: Scanian

Many many of us simply do not trust anything this marxist punk or his adnimistration are doing.
I would not be a bit surprised if these ass clowns want the murderers to get off do to some agressive questioning.
In reality Holder should be hung along with the magic negro.


7 posted on 11/25/2009 3:37:31 AM PST by Joe Boucher (This marxist punk has got to go.)
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To: monocle

That crossed my mind as soon as the scheme was announced. What are they going to do, try to screen out all the non-muzzies in the jury pool? Seek a change of venue to Dearborn, MI?

How about it, FR lawyers?


8 posted on 11/25/2009 3:39:12 AM PST by Scanian
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To: Jabba the Nutt

It occurred to me the other day that Zer0 may be hoping for the trial to provoke either terror attacks and/or civil unrest in order to gain one of Rahmbo’s useful crises.

Martial law opportunity? I put nothing past these commie bass turds.


9 posted on 11/25/2009 3:41:52 AM PST by Scanian
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To: Joe Boucher

See my comment #9


10 posted on 11/25/2009 3:44:58 AM PST by Scanian
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To: Scotsman will be Free

There is also the Inconvienient fact that all of these terrorists agreed to PLEAD GUILTY in a Military Commission.
No matter How many times they try to Blame Bush it was OBAMA who refused to accept the GUILTY admission period


11 posted on 11/25/2009 3:47:26 AM PST by ballplayer
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To: Scanian

AG Holder will next declare Sharia Court is the Court of peers for enemy combatants.


12 posted on 11/25/2009 3:53:27 AM PST by ricks_place
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To: Jabba the Nutt

Your number one—coupled with the fact that this was never considered to be a Federal court matter, make this a very dubious conviction. I think you’re right—a good trial lawyer gets them off, and given the circumstances, a judge may throw out the whole thing prior to it even seeing a jury!


13 posted on 11/25/2009 3:53:57 AM PST by LexRex in TN ("A republic, if you can keep it.......")
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To: Jabba the Nutt
Excellent analysis.

I always believed that the purpose of these show trials was not to convict the terrorists, but rather to come up with yet another way for 0bama to blame Bush for the former's failures. I guarantee you that as soon as those are acquitted of all charges for the reasons you cite, 0bama will immediately blame Bush, saying that "had only Bush followed the Constitution, these suspects would have been convicted."

14 posted on 11/25/2009 3:59:28 AM PST by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: Scanian
EDITORIAL EXCLUSIVE: On terrorists, Justice recused“


AG Eric Holder's clients (the REAL reason for the transfer – to free them):

• Saad Al Qahtani
• Mohammed Zahrani
• Achraf Salim ("Sultan") Abdessalam
• Abdul Rahman Abdul Abu Ghityh Sulayman
• Musaab Omar Al Madhwani
• Jawad Jabbar Sadkhan (Al Sahlani)
• Majid Khan



“Corruptocrat AG Eric Holder’s conflicted DOJ“


"Freedom is never more than one generation away from extinction.
We didn't pass it to our children in the bloodstream.
It must be fought for, protected, and handed on for them to do the same,
or one day we will spend our sunset years telling our children
and our children's children what it was once like in the United States where men were free.
"
President Ronald Reagan


“The New Media Journal | Attorney General Holder's Advisers Have Conflicts on Detainee Cases“

15 posted on 11/25/2009 4:03:20 AM PST by Diogenesis ("Those who go below the surface do so at their peril" - Oscar Wilde)
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To: Scanian

These cases will end up before the International Court of Justice in the Hague, Netherlands.

Obama will claim that we used this court to prosecute Nazis for their atrocities and it is the “right” venue for trying terrorists.

Of course, it will be the Bush Administration and the United States that will be put on trial.


16 posted on 11/25/2009 4:35:10 AM PST by Erik Latranyi (Too many conservatives urge retreat when the war of politics doesn't go their way.)
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To: Jabba the Nutt

I’d be surprised if the defense didn’t immediately demand bail hearings for the accused, pointing out that the poor defendants have already been punished, due to their incarceration for a number of years, without their legal rights to a presumption of innocence as well as speedy trial. This case will be lucky to make it to actual trial within the next five years.


17 posted on 11/25/2009 5:08:23 AM PST by SirFishalot
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To: ballplayer

No question and entirely irrelevant to the scum backing media who will spin it in such a way the average voter is duped once again. Meanwhile, RINOs like McCain will tell us to put it all behind us, and “can’t we all just get along”.


18 posted on 11/25/2009 5:09:58 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: monocle

All they need is one Bush hating moonbat on the jury, and at the very least, you have a hung jury.

Manhattan is loaded with moonbats, so it shouldn’t be too difficult for at least one to be seated on the jury.

Insanity.


19 posted on 11/25/2009 5:14:30 AM PST by july4thfreedomfoundation (A Jimmy Carter got us a Ronald Reagan.....a Barack Obama will get us a Sarah Palin)
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To: Erik Latranyi
Obama will claim that we used this court to prosecute Nazis for their atrocities and it is the “right” venue for trying terrorists.

I hope what you're saying is that Obama is too dumb to know that the Nazis were tried in 1945/46 before military tribunals in Nuremberg, not before the International Court of Justice.

20 posted on 11/25/2009 7:04:53 AM PST by Moltke (DOPE will get you 4 to 8 in the Big House - HOPE will get you 4 to 8 in the White House.)
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