Posted on 11/15/2009 6:57:07 AM PST by rightcoast
There is obviously a lot of discussion on FR concerning Obama's decision to try Khalid Sheikh Mohammed in a civialian trial in NYC. Most of the comments have centered around the horrible possibility of a new terrorist attack against the court or somewhere nearby.
I want to focus on another item I haven't seen discussed... what would happen to KSM, etc if the verdict is Not Guilty? Do they walk? Are they deported? As cleared, are they free to roam the streets of NYC? I am being deadly serious... If you open this to the civilian legal system, what would literally happen if they are not actually convicted?
If anyone's reaction (on the left OR right) is to scoff or laugh and think, "well of COURSE they will be found guilty", then I ask... what is the point of a civilian trial, if a guilty verdict is 100% guaranteed? If it is NOT guaranteed, even by the slimmest margins, then what in God's name will happen if a not guilty verdict is handed out? This needs to be hammered relentlessly to the Obama administration. I want an answer to this NOW and I will not accept the answer of "justice will be served." I want to know what the hell we are going to do with these terrorists if they are cleared. Just... nothing?
And, by the way, how long before the media starts referring to the them as "alleged terrorists" now that everything is sucked into the civilian legal system?
God help us.
Senator Jack Reed was explicit this AM on Fox News Sunday. If KSM is found not guilty he will not be released; which means this trial is a farce.
Senator Reed also made the statement that KSM is a terrorist and did the crimes he is accused of.
I guess Senator Reed doesn’t understand that KSM is now the official ALLEGED 9/11 conspirator and that the Senator’s public statement that he is guilty can and probably WILL be used by KSM’s attorney as proof KSM can never get a fair trial in America and charges should be dropped....
What a FUBAR stunt Holder & Obama pulled on this Country.
Truly frightening.
Yup, ol' Ramsey... fresh off his triumphant defense of Saddam.
All have confessed their guilt.Yes, but how was that confession obtained, and under what methods? Personally, I could care less, but a defense lawyer and the legal system will certainly care. The more I think about this, the more likely they could walk.... And then what?
The NYC event is simply a show trial to find the guilt of the Bush Administration and prepare for the 2010 elections.If waterboarding, etc is put on trial then not only does that go after Bush/Cheney, it makes it that more likely that KSM will walk. How much of the evidence was obtained through "advanced interrogation methods" and how much wasn't? How does the prosecution differentiate that? The defense could make a mockery of that, making it look like all relevant evidence was obtained under duress. The more successfully the Bush Admin methods are hammered, the more likely KSM is to walk.
HE will get a Barry Obama scholarship to attend the university of his choice, a new car, a new house, and a job with the government!
All have professed their guilt?
So who read them their Miranda Rights B4 their “confession”?
Yup, just as I thought; nobody. These guys 1) could get off and 2) will NOT be released if they are found not guilty. So what is the point of the public trial other than politics by Obama?
Oh Eric! Those confessions were made under extreme duress due to the "harsh interrogation" methods employed by that EVIL, unlawful Bush Administration.
These poor guys were only trying to make their pain end...they would say anything under that kind of torture. Just ask John MeInsane.
All I can think of is the O. J. farce.
And then there is the jury of his peers thing. Do we have to have a Muslim on the jury? All it takes is one person on the jury not to convict.
And NONE of those confessions will be admissible as evidence against them. None!
All the confessions were given under duress and the defendants were not given Miranda rights and were NOT given the right to an attorney.
My FRiend, these terrorists are going to be freed and since no other country will take them, they will be freed on American soil.
Granted they will likely be killed by loyal Americans the minute a clear shot can be taken, but they will walk.
Also, under what Constitutional Authority does Nobama or the Justice Dept. claim to confer Rights upon any citizen of another country that they want?
What difference does it make? Under Obama-Pelosi, the misery of Americans will just continue to climb until the day arrives when we cheer a terrorist nuke taking out a city because it just removed a million welfare recipients from the planet. The new Axis of Evil (Obama/Pelosi/Allah) wants us to suffer and submit.
Oh, did I say “terrorist”? In the Obamanation, the only terrorists are white guys that shoot abortion docs and retirees that attend Tea Parties.
Obama has just declared “Mission Accomplished” in the WOT—unfortunately, he’s fighting for the other side.
But if you are applying the civilian standards of evidence then those confessions were made under the duress of {gasp} torture. The confessions will be thrown out. Even if they are still convicted it only takes one juror to stop the death penalty. Even if they are given the death penalty they still have years of automatic appeals all the way to the Supreme Court.
They have been given at the absolute minimum a five year stay of execution.
The judge rules prosecutorial misconduct because of the way the confessions were obtained, as well as some other evidence, and they totally walk.
That would mean that no evidence, even that obtained correctly, would be allowable.
That is how Bill Ayers walked.
It happened in the case of the senator from Alaska, and it has happened many times over in criminal court.
So the idea that this case is a slam dunk is very very wrong.
A radical judge or one lib nutcase on the jury, just one, will totally screw a criminal trial.
Fox News Sunday, a rat Senator stated, with a sly smile, that “preventative detention” is available if KSM is found innocent.
Why have a trial?
What are the rules for Preventive Detention?
Why was Hansan not detained?
It boosts his standing among his fellow Muslims. Someday they will take over the world and Obama will be appointed the Dictator of the Earth.
And let’s not forget that if found not guilty, then the civil lawsuits against the US government and their agents begin in ernest and they would very likely receive ten’s of millions in damages for pain and suffering and unlawful imprisonment. . .you know, those poor guys were abused and never read their rights and suffered under interrogation methods that caused them to be uncomfortable.
In order to avoid such an outcome as losing a civil lawsuit, the government WILL settle.
They walk free. 0bama then goes on to blame the Bush administration for using college fraternity hazing tactics that were "clearly unconstitutional." "Had Bush 'stuck to the Constitution, these terrorists would have gotten the death penalty they richly deserve." Bank on it.Oh God. I fear that you are 100% correct. This makes absolutely sense now. Obama is trying to twist his weak area (weak on terrorism) into a twisted sort of strength. Then, as that twisted logic follows, Obama will try to blame any future terror attacks on Bush's previous "botched handling" of events. This shows Obama's unbelievably warped world view. Bush admin actions were not predicated on being used in a civilian court; they were done in WAR TIME.
Oh please....LET THEM OUT ON THE STREETS OF NYC!!! Or any other street in America. They wouldn’t last a second. Security alone for this is going to cost NY millions. Wonder if Bloomberg will pay for it out of his pocket like he did to buy his reelection?
That is irrefutable.
Yet, anyone who has witnessed the modern corruption of our criminal justice system knows that it has been rendered less of a means by which society itself of predators, and more instead, of a game. It is an elaborate game, with lawyers writing the rules, interpreting the rules, and wherever possible, bending them to their immediate purpose.
Do not kid yourself. The Obama Administration's decision to try terrorists as though they were not really terrorists is extremely dangerous one. As David Horowitz writes:
" The decision to try the jihadists in a civilian court is ... a decision which will divulge America’s security secrets to the enemy since civilian courts afford defendants the right of discovery. It is also a propaganda gift to Islamic murderers who will turn the courtroom into a media circus to promote their hatred against the Great Satan — a hatred shared by their apologists at the American Civil Liberties Union (ACLU) and the pro-Castro Center for Constitutional Rights who have pioneered the campaign against Guantanamo and whose influence in the Obama Administration is pervasive.
As such, the Obama Administration's decision is a nakedly political one whose chief effect will be to encourage terrorists everywhere to attack civilians.
I heard somebody on Fox say he would immediately be arrested for another offense.
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