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Obama: Alleged 9/11 leader will be executed
NBC, msnbc.com and news services ^ | 11.18.09 | NBC, msnbc.com and news services

Posted on 11/18/2009 1:17:40 PM PST by rface

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To: marron

If the Judge is smart he’ll refuse venue with prejudice. A military tribunal is by all Justice the only option.


21 posted on 11/18/2009 1:25:56 PM PST by bvw
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To: bestintxas
I'm not a lawyer, but common sense tells me that an appeal can be constructed after the US held KSM for nearly 8 years and interrogated him w/out reading him his Miranda rights or giving him the option of having a lawyer before speaking to authorities. If this is being treated as a criminal matter, and not an act of war, are the rules and procedures of criminal law being suspended? Where is that allowable in our system?

I want KSM to fry, and I hope he goes in the worst way imaginable, but unless I'm incorrect, he seems to have an airtight defense to at least have all of the information that he gave up thrown out of court. The easy answer would be to try him in a military tribunal, where this wouldn't matter, but nothing is ever easy with the idiots running the show now.

22 posted on 11/18/2009 1:26:04 PM PST by Carling (KSMgate: Obama's latest Waterloo)
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To: marron

The ironic thing is that KSM would have a better chance of a real fair trial under a military system. Because of the Federal Secrets Act, in a civilian court, his defense lawyers would not have access to or not be able to present classified information. The judge if he is not cleared, could not hear any classified information. They could not call any witnesses who could potentially give classified secrets. The civilian jury could not hear classified information.


23 posted on 11/18/2009 1:26:16 PM PST by mnehring
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To: rface

HOW CAN HE BE “ALLEGED” IF HE CONFESSED?............


24 posted on 11/18/2009 1:28:19 PM PST by Red Badger (If liberty means anything at all, it means the right to tell people what they do not want to hear.)
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To: rface
I don't expect that we will have a contrary result

POS - what you "expect" is that the bastards will walk because their confessions are thrown out due to "harsh interrogation techniques".

25 posted on 11/18/2009 1:28:37 PM PST by PrivateIdaho ("... like a wild potato.")
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To: rface

Obama/Holder just want Bush/Cheney on trial in the worst way — this is how they could conceivably accomplish such insanity. Well good luck with that - ain’t gonna happen!


26 posted on 11/18/2009 1:29:02 PM PST by CaliforniaCon
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To: rface

Presidents don’t speak about pending cases!!!

He’s tainting the jury pool on purpose so his brothers can get off.


27 posted on 11/18/2009 1:29:07 PM PST by Finalapproach29er (Obama will sink as fast as he rose. Idolatry will not succeed. Be patient, folks...)
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To: mnehring
The Chewbacca defense is a fictional legal strategy used in episode 27 of South Park:

Johnnie Cochran:.... ...ladies and gentlemen of this supposed jury, I have one final thing I want you to consider. Ladies and gentlemen, this is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk. But Chewbacca lives on the planet Endor. Now think about it; that does not make sense!

Gerald Broflovski: Damn it!... He's using the Chewbacca defense!

Johnnie Cochran : Why would a Wookiee, an eight-foot tall Wookiee, want to live on Endor, with a bunch of two-foot tall Ewoks? That does not make sense! But more important, you have to ask yourself: What does this have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense! Look at me. I'm a lawyer defending a major record company, and I'm talkin' about Chewbacca! Does that make sense? Ladies and gentlemen, I am not making any sense! None of this makes sense! And so you have to remember, when you're in that jury room deliberatin' and conjugatin' the Emancipation Proclamation, does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense! If Chewbacca lives on Endor, you must acquit! The defense rests.[1]

28 posted on 11/18/2009 1:29:40 PM PST by rface
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To: rface

This is why this move is a Lose/Lose for the US.

KSM and/or others walk - Al-Q laughs at our humiliation and calls us weak.

KSM & co. are tried, convicted and executed - Al-Q calls it a show trial and praises the “martyrs.”


29 posted on 11/18/2009 1:30:17 PM PST by Lou Budvis (She never bankrupted Alaska or bowed to royalty.)
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To: rface

:-p


30 posted on 11/18/2009 1:30:26 PM PST by mnehring
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To: rface

Then why bother with the trial?


31 posted on 11/18/2009 1:30:36 PM PST by <1/1,000,000th%
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To: marron
Seriously, Holder needs to be impeached and removed from office

OMG, at first glance, I thought you wrote that Holder needs to be impaled. Heaven forfend.

32 posted on 11/18/2009 1:31:39 PM PST by Salvey
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To: Finalapproach29er

Yep, pretty smart(sic) move for the ‘greatest legal scholar of our time’.


33 posted on 11/18/2009 1:31:58 PM PST by mnehring
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To: rface

what a boob

“Obama quickly added that he did not mean to suggest he was prejudging the outcome of Mohammed’s trial”

Man, the trial is already compromised with just that statement. In what jurisdiction would they get a fair trial? What about Miranda? What about discovery? what a boob is an understatement.


34 posted on 11/18/2009 1:32:01 PM PST by FastCoyote (I am intolerant of the intolerable.)
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To: Red Badger

Any evidence obtained at Gitmo is inadmissable in civilian courts as far as I know. It’s one of the many problems with deciding to have a civilian criminal trial.

So KSM has not confessed as far as the new trial is concerned.

I know KSM’s lawyers are just loving the public comments of the prosecution...


35 posted on 11/18/2009 1:32:12 PM PST by ltc8k6
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To: rface

All it takes is ONE. We will watch this blow up (no pun intended) in their face.


36 posted on 11/18/2009 1:32:29 PM PST by mmanager (It is time to prune the tree.)
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To: All

One other thing to consider. Can you imagine being on the jury. I would bet that as soon as your name gets out, you would have about 100 million people declaring a personal jihad on you. It would almost be a death sentence being seated on that jury.


37 posted on 11/18/2009 1:35:23 PM PST by mnehring
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To: ltc8k6

Any evidence obtained at Gitmo is inadmissable.
Any evidence obtained before Gitmo is inadmissable, TOO..............


38 posted on 11/18/2009 1:36:39 PM PST by Red Badger (If liberty means anything at all, it means the right to tell people what they do not want to hear.)
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To: mnehring

REMEMBER THIS:

A prosecutor has to convince ALL 12 jurors.
A defense lawyer has to convince only ONE.........................


39 posted on 11/18/2009 1:38:05 PM PST by Red Badger (If liberty means anything at all, it means the right to tell people what they do not want to hear.)
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To: rface
He said what??

That "failure is not an option"??

Huh?

What country is he from, what country is he in? HOW can the Attorney General of the USA assert such a thing?

40 posted on 11/18/2009 1:39:14 PM PST by hennie pennie
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