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First a fair trial, then we string KSM up

Well this is comforting to know. The President is comfortable announcing the death penalty for KSM and not to worry about that whole pesky trial.


During a round of network television interviews conducted during Obama’s visit to China, the president was asked about those who find it offensive that Mohammed will receive all the rights normally accorded to U.S. citizens when they are charged with a crime.


“I don't think it will be offensive at all when he's convicted and when the death penalty is applied to him,” Obama told NBC’s Chuck Todd.


When Todd asked Obama if he was interfering in the trial process by declaring that Mohammed will be executed, Obama, a former constitutional law professor, insisted that he wasn’t trying to dictate the result.



“What I said was, people will not be offended if that's the outcome. I'm not pre-judging, I'm not going to be in that courtroom, that's thejob of prosecutors, the judge and the jury,” Obama said. “What I'm absolutely clear about is that I have complete confidence in the American people and our legal traditions and the prosecutors, the tough prosecutors from New York who specialize in terrorism.”

Where in the Hell do we live again? Is this Putin talking? I will not have the slightest difficulty sleeping after KSA assumes room temperature, but that doesn't mean I want to start emulating the Soviet Union FFS? or Iran? I especially like the idea that even if the are acquitted we will keep them locked up. I mean that is a quintessentially American twist on totalitarian show trialing. We can't even guarantee the outcome.

Holder and Obama have stepped in it and while we will all pay in some ways, they have exposed themselves as clueless political hacks on a vital issue of national security. Bring 2010 on and let's carve away at the clowns in Congress who enable these two to play payback politics.

Posted by: Uncle Jimbo at 02:01 PM



Comments

1


“I don't think it will be offensive at all when he's convicted and when the death penalty is applied to him,” Obama told NBC’s Chuck Todd.

Trying to suck up to your Chinese hosts isn't going to win you any brownie points Barry...

Posted by: Nighthawk at November 18, 2009 02:04 PM (OtQXp)

2 It's about poisoning the jury pool. KSM's lawyer would have to be a cretin to miss the opportunity that JugEars just tossed out there.

Posted by: IllTemperedCur at November 18, 2009 02:06 PM (t3Mi3)

3 If the presumption of innocence is out the window for me, then it is out the window for thee as well.

It is called "precedent".

Posted by: rawmuse at November 18, 2009 02:06 PM (AH8nd)

4 I keep thinking everyday that Obama and his supporters can't be any more stupid or think we're any dumber.

And every single day, I'm wrong.

Posted by: Dave at November 18, 2009 02:06 PM (Xm1aB)

5
Wee Wee thought the question was about Tea Party Protesters. 

Posted by: Dang Straights at November 18, 2009 02:06 PM (Haq+B)

6 1) Try KSM
2) Gets acquitted on some bullshit legal loophole
3) KSM is escorted to the exit of the courthouse and pushed out the front door
4) KSM gets lynched on the steps of the courthouse

Works for me.

Posted by: mcgurk at November 18, 2009 02:07 PM (8aG5Z)

7 Using this approach dilutes our own freaking protections, dammit.

"Well, the crime he's accused of is so heinous we can skip Miranda, etc..."

Janet already thinks tea parties are hotbeds of insurrection.

Posted by: Al at November 18, 2009 02:07 PM (VtygY)

8 Q: Deos Obama have any trial experience? Or is it all mostly academic?

Posted by: Triumph at November 18, 2009 02:08 PM (lDdA/)

9 It's too bad he never says stupid shit "nukyalur"

Posted by: Lemmiwinks at November 18, 2009 02:09 PM (IqfKc)

10 What a total idiot. How can he not be pre-judging using the word "when" instead of "if"?

The even more ridiculous thing is they say they do not intend to release KSM if he is acquitted. WTF? He would still be an enemy combatant so they can hold him.
What is the purpose of this trial then? Pure farce.

Posted by: Rocks at November 18, 2009 02:09 PM (Q1lie)

11 4) KSM gets lynched on the steps of the courthouse

5) Federal martial law is declared. 

Posted by: HeatherRadish at November 18, 2009 02:10 PM (NtiET)

12
Holder says if the judge doesn't impose the death penalty he will make sure KSM spends hundreds of hours picking up trash along the New Jersey turnpike without a safety vest. Tough talk!

Posted by: Katie Couric's colon at November 18, 2009 02:12 PM (Oxen1)

13

What is the purpose of this trial then?

To "expose" the Bush Cheney administration.  I also think it's giant distraction.  Be vigilent while this "trial" is going on. God knows what they'll try and sneak through while we are watching the travesty going on in New York.

Posted by: Jewells at November 18, 2009 02:12 PM (l/N7H)

14

Federal martial law is rebuked by a throng of millions.

Posted by: harleycowboy at November 18, 2009 02:13 PM (JKGfQ)

15

>>4) KSM gets lynched on the steps of the courthouse

Always trying to lynch brown people, ain't you?

/sarc

Posted by: Triumph at November 18, 2009 02:14 PM (lDdA/)

16    Our President has to be a true dullard.  This whole effing show is to throw red meat to the Islamists and Leftists, but then he goes and tries to say it's going to be a slam dunk no matter what.

Hey Otoolbag, you DID see the OJ trial, right? 

You're a fucking idiot, Barry.

Posted by: MelodicMetal at November 18, 2009 02:14 PM (x4S2a)

17

Rush went over the litany of reasons why a jury trial is a bad idea. I gave up counting them after about half an hour.

Not to mention that The Vapid One® just poisoned every potential jury pool on the whole damned planet with his presser prejudging the "defendant". I'm so sick and tired of this whole excuse for a president I want to drink myself into a Valu-Rite-induced coma immediately.

KSM should've been executed long before now...

Posted by: BackwardsBoy at November 18, 2009 02:15 PM (ZGhSv)

18 I am the first Perry Mason President!

Posted by: Lord Barry at November 18, 2009 02:17 PM (BkxSy)

19 Early today in an exchange with some senator when Holder was asked what happens if KSM is found not guilty and Holder said it wouldn't change a thing. He would remain a prisoner cause he was an enemy combatant. What the hell is the purpose of having the trial then. If he wins he stays in jail, if he loses, what? He might get the death penalty.

Sounds like some third world country.

Posted by: Just A Grunt at November 18, 2009 02:17 PM (pOC9r)

20 The Won's reaching a bit when he seems assured of getting a conviction. Sure, a jury of New Yorkers will be a tough crowd for KSM to sell, but I guaran-damn-tee you that KSM will represent himself, which will put a pretty firm stop to CIA/NSA/etc cooperating with the prosecutors, and thereby revealing their methods to the defense. Oh, and the first witness for the defense? Why one Barak H. Hussein: Mr. President, was the defendent tortured into giving confessions? Why, yes, of course he was. Your honor, the defense moves to make all confessions inadmissible. We both know what the answer to that will be. So, without the CIA providing intelligence, and without KSM's confessions, what do we have that ties him to 9/11? maybe I'm mistaken, and there is a boatload of physical evidence connecting him that isn't "tainted", or wasn't developed via top-secret methods that can't/won't be shown to KSM. Of course, this would be an excellent opportunity to let slip that there is a mole inside of al Queda and/or the Taliban...especially if there isn't actually one.

Posted by: I R A Darth Aggie at November 18, 2009 02:18 PM (1hM1d)

21

Rush went over the litany of reasons why a jury trial is a bad idea. I gave up counting them after about half an hour.

I was listening to that too.  He also played a clip from Holders appearance in front of congress today and Grahamnesty actually said something intelligent for once.

Posted by: Jewells at November 18, 2009 02:18 PM (l/N7H)

22 He wall be fairly treated, fairly detained, fairly judged, and then fairly hung. But it is not a show trial! I pinky-swear!

What a colossal joke. Even Holder admits that KSM will never see daylight as a free man again, even if acquitted -- in essence, he's admitted that this trial will be no different than one conducted by some tin-pot El Presidente in Venezuela or where ever. Actually, it's even worse: El Presidente would actually carry out the death sentence afterwards, whereas we will continue to hem and haw and twiddle our thumbs for another twenty or fifty years until KSM expires of old age.

Obama, using AG Holder as his mouthpiece, has just added the United States criminal-justice system to the list of things he's completely fucking up just to show that he can.

Posted by: Monty at November 18, 2009 02:19 PM (4Pleu)

23 Does NY even have a death penalty?  This NY trial must be Obama's way of making sure that they will never be executed. Hell, they may even walk.  I think that is what this idiot is trying to do. This is pure BS.

Posted by: Mystry at November 18, 2009 02:19 PM (kmgIE)

24

"I especially like the idea that even if the are acquitted we will keep them locked up."

Yep.  If the alleged purpose of the trial is to show how we adhere to our own American values, then an acquittal means that KSM is not guilty under the law (though not innocent in fact).  And then the Obama Administration has to decide if it's an American value to incarcerate -- permanently -- a person found not guilty in a court of law.

Britain does it: it puts people under house arrest when they're considered dangerous but the evidence against them is inadmissible in court.  But they also pay the living expenses for those people.  I'd love to see Obama trying to explain why the US taxpayer has to pay for KSM to live in a nice secluded house somewhere on, say, Long Island, with round-the-clock security for his protection.

Posted by: stuiec at November 18, 2009 02:20 PM (7AOgy)

25

 

I object, your honor! This trial is a travesty. It's a travesty of a mockery of a sham of a mockery of a travesty of two mockeries of a sham!

Posted by: Fielding Mellish at November 18, 2009 02:20 PM (SCcgT)

26 23 Does NY even have a death penalty?  This NY trial must be Obama's way of making sure that they will never be executed. Hell, they may even walk.  I think that is what this idiot is trying to do. This is pure BS.

Posted by: Mystry at November 18, 2009 02:19 PM (kmgIE)

It's not a trial under New York state law, it's a Federal trial.  So the Federal death penalty for terrorism applies.  Think McVeigh.

Posted by: stuiec at November 18, 2009 02:21 PM (7AOgy)

27

Politically, I believe they have walked out on a tightrope high above a huge, steaming pile of dog feces. There are so many things that can go wrong here, and most of them will end up in their lap.

I will acknowledge there are probably a  lot of people who are uncomfortable or ambivalent about the so called harsh interrogations. But I do not think that in their heart of hearts, these people are comfortable with the idea of a trial that potentially lets KSM walk or end up with some sort of compromise verdict or sentence.

It's like the dilemma in A Few Good Men. People want to be protected from terrorists. Deep down they know that providing this protection requires choosing to do some things that are the best of a set of bad options and that aren't comfortable. I don't think they want all this dragged out interminably and having to revisit all these uncomfortable truths.    

Posted by: RM at November 18, 2009 02:22 PM (1kwr2)

28 I mean that is a quintessentially American twist on totalitarian show trialing. We can't even guarantee the outcome.

I come for the snark. I stay for a gem like that. Absolute genius.

Posted by: libbyt at November 18, 2009 02:22 PM (q7AiR)

29 Q: Deos Obama have any trial experience? Or is it all mostly academic?

Posted by: Triumph at November 18, 2009 02:08 PM (lDdA/)


The latter.

Posted by: Mandy P. at November 18, 2009 02:23 PM (MK6Kx)

30 Bear in mind that the jury needn't acquit KSM outright to make this trial a fiasco. A hung jury is a definite possibility -- it only takes one far-left nutbar on the jury to derail it. Or the judge himself might be a leftist loon. And on purely procedural grounds, the trial is a minefield; a completely honest judge and jury  might have no choice but to dismiss, depending on how things come out.

In a criminal trial, confessions given under coercion, i.e. torture, are not admissable. Also, discovery rules will inevitably reveal a lot of classified material to KSM and his attorneys; if the material is not made available, it could result in a mistrial.

So in any of these cases, up to and including outright acquittal, the sitting President of the United States has already made it clear that we're going to hold KSM regardless. In short, he's told the world that our justice system is a joke and a sham.

Posted by: Monty at November 18, 2009 02:24 PM (4Pleu)

31 Like Brian Denahey's character in Silverado.

"We're going to give him a fair trial followed by a first class hanging"

Posted by: Brad at November 18, 2009 02:24 PM (A4IUv)

32 This comment is dangerous, ignorant and stupid in equal measure.

What's the point of a judicial system: to dispense justice according to the law.

In any just system, the outcome of a trial is not pre-ordained. If it is, the system is not just.

So either Bambi is truly ignorant of how our system works, or he's cynical in that he knows the case against KSM is so air-tight that the outcome might as well be pre-ordained (could be), or he's both cynical and conniving and plans to use this to weaken our own legal system.

Which he's already done by moving KSM to the civilian side.

U.S. military tribunals have a long and honorable tradition. These are part of our system of justice, and just as on the civilian side, the outcomes are not pre-ordained -- just ask the lawyers, judge advocates, etc who work on them. What the tribunals had until the liberal-progressive succeeded in gutting and neutering them was precedent.

Yes, precedent, from the Civil War up to recently, tribunals had the experience to understand who was an enemy combatant. Who was legitimately a PoW. What was a war crime. How a solider was to behave in the field. What the responsibilities of an officer were. What the Geneva conventions are and how those are applied. The system wasn't perfect, no system is, but it was honorable.

And just.

Now it's been tossed aside. It was designed to handle not just military law but also the very important issue of who was under its jurisdiction. The German saboteurs who came ashore on Long Island in '42? Military. Civil war southern sympathizers who blew up Union train tracks? Military. Guerillas who murdered civilians? Military.

A military tribunal would have tried KSM properly using its accumulated law and experience. It might have had some procedural issues to resolve, but it would have resolved them. And being in Guantanamo, it would have done so out of the limelight.

All gone now.

Does a federal district court judge have the experience and knowledge base to handle KSM? Does that judge understand the rules of war, the laws of war, the Geneva conventions, and the legal issues surrounding terrorism? Maybe.

But more likely not. After all, we've had some experience with such judges in the last few years as the progressive Left has tried to wreck the tribunal system. We've had a few trials on the civilian side already. The record of those judges isn't encouraging.

Maybe a federal court judge could cut through all the nonsense. Maybe a strong federal judge would prevent the trial from being a circus.

But look at the Lynne Stewart types in this world and ask yourself, how exactly will a judge control that? You mean, like last time?

It will be a farce. It will force the government to reveal information that shouldn't be revealed. It will put our government, particularly our previous administration, on trial instead of KSM.

And if the trial becomes farce and KSM is convicted, then the world will sense that it was, after all, pre-ordained.

What happens to the respect accorded to our judicial system then?

We already know the answer to that.

Posted by: Steve White at November 18, 2009 02:24 PM (D14J4)

33

>>he's admitted that this trial will be no different than one conducted by some tin-pot El Presidente in Venezuela or where ever

Well, the USA isn't any different than any other nation according to Barry-O

Posted by: Triumph at November 18, 2009 02:26 PM (lDdA/)

34

 Obama, a former constitutional law professor.

Nuf said.

Posted by: dananjcon at November 18, 2009 02:27 PM (pr+up)

35 Early today in an exchange with some senator when Holder was asked what happens if KSM is found not guilty and Holder said it wouldn't change a thing. He would remain a prisoner cause he was an enemy combatant. As I recall, and someone refresh my memory, but he was seized by Pakistani security forces (joint raid?), and not actually taken on the battlefield. As such, he could be found "not guilty" and make a motion for a writ of habeus corpus. Yes, this whole gambit The Won has embarked on has many downsides, and very few upsides.

Posted by: I R A Darth Aggie at November 18, 2009 02:27 PM (1hM1d)

36 27

Politically, I believe they have walked out on a tightrope high above a huge, steaming pile of dog feces. There are so many things that can go wrong here, and most of them will end up in their lap.   

Posted by: RM at November 18, 2009 02:22 PM (1kwr2)

To paraphrase J. Pierpont Henhouse III, they knew the job was dangerous when they took it.  There was no compelling reason to give these particular defendants a trial in a Federal court: the Administration could and should have sent them before the military commissions that the Administration plans to use for the rest of the Guantanamo detainees that it will put on trial.  If they fall headfirst into the dung heap, I hope their friends get good and mucked up going in to pull them out.

Posted by: stuiec at November 18, 2009 02:27 PM (7AOgy)

37 This cocksucker is too stupid to be President. Something's got to give.

Posted by: Bugler at November 18, 2009 02:29 PM (YCVBL)

38

Maybe Barry figures Federal courts run the same way they do in Chicago.

Posted by: Triumph at November 18, 2009 02:29 PM (lDdA/)

39

Has Obama done any legal work at all that didn't involve defending ACORN or acting as ACORN's attorney when they go after a corporation or person or group?

He is confused about how the legal system actually works. It's not Chicago Barrry where the outcome is known and whomever pays the most to the prosecutor or intimidates the most witnesses or buys the most liars wins.

Posted by: dagny at November 18, 2009 02:29 PM (twCqO)

40 This comment by the President comes from a Harvard Law Grad, a Constitutional Scholar and a former editor of the Harvard Law Review, mind you.

What a farce. Shame on their house.

Posted by: rawmuse at November 18, 2009 02:30 PM (AH8nd)

41 #39 Nope.
But he's taught a class on Constitutional law.
One wonders if he's even read the Constitution.

Posted by: looking closely at November 18, 2009 02:30 PM (PwGfd)

42 37 What makes you think nothing has, as yet?

Posted by: Triumph at November 18, 2009 02:30 PM (lDdA/)

43 23 Does NY even have a death penalty? This NY trial must be Obama's way of making sure that they will never be executed.

He'll be tried in federal court, under federal law. Ask Tim McVeigh about their death penalty option. I'm pretty sure the SEC had offices in the WTC.

Of course, that does mean that if the feds screw it up, the NYS AG's office can bring up the minor matter of 2,500 or so counts of murder and conspiracy and so on. As can Virginia and Pennsylvania, with smaller numbers.

Posted by: I R A Darth Aggie at November 18, 2009 02:31 PM (1hM1d)

44

Obama, a former constitutional law professor.

To get that title you would think you would have had to have read the consitiution. Who knew?

Posted by: dagny at November 18, 2009 02:32 PM (twCqO)

45 I'm still trying to figure out why KSM is still using oxygen. He should have died of lead poisoning after waterboarding didn't yield any more useful information.

Posted by: 141 Driver at November 18, 2009 02:34 PM (LEynS)

46 I've known several Harvard law graduates, one who wasn't there as a token, 3 who were, and I've got to say---not impressed.

Posted by: dagny at November 18, 2009 02:34 PM (twCqO)

47 You don't have to like everything you read, ya' know?

Posted by: Professor Barack at November 18, 2009 02:34 PM (hgiS5)

48 I'm still stuck on the zillion "Normal occurrences on a battlefield" and how they interact with the civilian laws and court systems.

One of my pet hypotheticals is: AQ member shoots US serviceman on the battlefield.

It isn't terrorism.
It would be tough to claim "murder", as you're inevitably going to have people that view it as an insurgency - and thus this is "defending the homeland" -> self-defense. Hauling a native of Afghanistan entirely around the world with Miranda rights, etc. is thus entirely an exercise in futility.

On the other hand: He's willing to claim allegiance to AQ. That, and that alone, is sufficient to detain him until the (new, new, new) leadership of AQ manages a prisoner exchange (no, not likely) or begs for forgiveness very, very hard. It isn't our problem that his allegiance is to a bunch of goat riders that can't claim any physical turf - there's no reason to use any different set of rules.


Posted by: Al at November 18, 2009 02:35 PM (VtygY)

49 I strenuously object!

Posted by: Cmdr Galloway at November 18, 2009 02:38 PM (PD1tk)

50 Is it accurate to say Obama was a "professor?"

I thought he was an "instructor," not a "professor."

Posted by: Dave at November 18, 2009 02:39 PM (Xm1aB)

51 ok....so Helloooo. If KSM's defense has even a half a brain would they not say ..."HOLD ON" we cant get a fair trial in NYC even the President says he is already guilty" "We hereby formely request a change of venue to ummmmmmm how about Dearborne Michigan.?"

Posted by: joey buzzard at November 18, 2009 02:39 PM (jbXDH)

52 At this point, I'm actually rooting for KSM to get his case dismissed on a pretrial motion. Seems like it ought to be easy enough. It'd show how absurd this whole thing is.

Posted by: Farmer Joe at November 18, 2009 02:40 PM (z4es9)

53 We should stop bitching.  This trial is going to be the greatest gift to the Republican party since Reagan.  Day after day people will be reminded what President Bush accomplished, how vile our enemies are, and how superhumanly fuckwitted the current Administration is.  It'll go on for months and months, right up to Election 2010.

President Obama and the Democrats have been trying for eight fucking years to make pretend terrorism doesn't exist, go back to sleep, listen to the pretty colors.  Now the public will hear about terrorists and terrorism every day.

But the best thing of all is that they did it to themselves!  It's like LBJ and Franklin Roosevelt turning up at Reagan's nomination in 1980 to personally give him a blowjob!


Posted by: Trimegistus at November 18, 2009 02:41 PM (6yEzu)

54

The Dean of Douchbaggery is intentionally muddying the waters...He wants the Jihadist to linger in the courts (at best) for the next three years as a distraction to his radical agenda. Not a new theory but a viable possibilty of how this communist, racist, street thug is sending this country into absolute peril. What happens when the people grow tired of the same old crisis' i.e. global warming, healtcare, banking, unemployment...you create a new and improved crisis and NEVER LET IT GO TO WASTE!     

Posted by: dananjcon at November 18, 2009 02:44 PM (pr+up)

55 Senate Republicans can bring this all to a head quickly by sponsoring legislation to strip Article III courts of jurisdiction to hear and determine KSM's case--as well as other terror cases.  Congress has the Constitutional power--and I would argue, duty--to set jurisdiction for federal courts.  They can add to it or take it away.  Make the Democratz go on record on this issue!

Posted by: slade at November 18, 2009 02:44 PM (XsHAM)

56 I've known several Harvard law graduates, one who wasn't there as a token, 3 who were, and I've got to say---not impressed.

Posted by: dagny at November 18, 2009 02:34 PM (twCqO)


Dagny, I'm not impressed by lawyers in general.

Posted by: Mandy P. at November 18, 2009 02:48 PM (MK6Kx)

57

Obama, a former constitutional law professor.

To get that title you would think you would have had to have read the consitiution. Who knew?

Posted by: dagny at November 18, 2009 02:32 PM (twCqO)

Or have an understanding of what the heck it actually says. Which I think he's demonstrated pretty clearly, he has no grasp of the Constitution at all.

Posted by: Mandy P. at November 18, 2009 02:49 PM (MK6Kx)

58 34 Obama, a former constitutional law professor.

Nuf said.

Posted by: dananjcon at November 18, 2009 02:27 PM (pr+up)

In the same way that Bernie Madoff was an expert in FTC regulations.

Posted by: AmishDude at November 18, 2009 02:55 PM (T0NGe)

59 Or have an understanding of what the heck it actually says. Which I think he's demonstrated pretty clearly, he has no grasp of the Constitution at all.

I think he grasps it just fine. He doesn't like it and is working to undermine it.

Posted by: Farmer Joe at November 18, 2009 02:55 PM (z4es9)

60

@ 48

  Actually it is both murder and terrorism. Al Queda is not a state actor which is required for them to be prisoners of war. Also they are not in uniform so are not afforded the protections of the Geneva Convention. Under the law of war the US could legally take an armed combatant in the war zone that is not in uniform and hang them on the spot for espionage. There was an addendum to the Geneva Convention to cover non state actors in war which would cover Al Queda and the like but the US did not sign it and as such is not bound by it.

Posted by: Waste93 at November 18, 2009 02:56 PM (KHM8y)

61

 During the Charles Manson trial I believe it was Nixon that was asked about it and he said he thought they were guilty. He was critisized for prejudicing the trial when he did so.

  Now the One has not only declared their guilt, but also they will be executed. I'm sure he will be at least as critisized.

Posted by: Waste93 at November 18, 2009 02:57 PM (KHM8y)

62

41 #39 Nope.
But he's taught a class on Constitutional law.
One wonders if he's even read the Constitution.

He did stay in a Holiday Inn once.

Posted by: harleycowboy at November 18, 2009 03:01 PM (JKGfQ)

63

I'm sure he will be at least as critisized

Well...we here at AoS HQ will not stoop to such fickle behavior you can be sure of that.

////

Posted by: dananjcon at November 18, 2009 03:02 PM (pr+up)

64
First a fair trial then we string KSM up

sounds  good to me

Posted by: Judge Roy Bean at November 18, 2009 03:04 PM (jvrmc)

65 I think he grasps it just fine. He doesn't like it and is working to undermine it.

Sounds about right.

Posted by: HeatherRadish at November 18, 2009 03:04 PM (NtiET)

66

 What happens when the people grow tired of the same old crisis' i.e. global warming, healtcare, banking, unemployment...you create a new and improved crisis and NEVER LET IT GO TO WASTE!     

LOOK!!!!!!! A new shiny.

Posted by: harleycowboy at November 18, 2009 03:07 PM (JKGfQ)

67 THANK GOD HARVARD LAW GRADS RARELY ACTUALLY PRACTICE LAW!

Posted by: rightzilla at November 18, 2009 03:12 PM (rVJH4)

68 So lefties, Bush is bad for denying this fine young man a fair trial, and Obama is good for granting him an unfair trial?

Please elaborate?

Posted by: Lemmiwinks at November 18, 2009 03:14 PM (IqfKc)

69 That was a definate atempt to poison the jury pool. Nice jughead you stupid fuck

Posted by: Todd the guy who hate muslims, all muslims at November 18, 2009 03:18 PM (LLOGQ)

70

 The problem won't be the enhanced interrogation techniques. Though it will come up in the trial it would only preclude the use of any information gained from it against him at the trial. That information was used to nap other terrorists and not to get a confession. The problem is going to be Miranda. Since he was probably never Mirandized, anything he said would not be admisable, including his confession.

  Since the One has already declared him guilty and that he will be executed I'd love to see his lawyer to call for a change of venue outside the jurisdiction of the US where the jury pool hasn't been tainted. Maybe the ICC?

Posted by: Waste93 at November 18, 2009 03:24 PM (KHM8y)

71

Rove has been pounding the drum that the Bush admin's hands were tied  in prosecuting KSM because of efforts of the ACLU etal.  I'm still dissappointed about that and can't find anything to support his claims, can any of you morons point me in the right direction??  I think Rove is brilliant and wanna believe him on this one but, you know...

  

Posted by: dananjcon at November 18, 2009 03:25 PM (pr+up)

72

Nevermind, from NB just the other day...DUH my bad, my lazy:

 http://tinyurl.com/yfhdrx3

Posted by: dananjcon at November 18, 2009 03:30 PM (pr+up)

73

So what is it that is supposed to re-establish America's "commitment to the rule of law" in the eyes of the world?:

a) Is it when the President says that if the justice system fails to get a conviction, we will hang the defendant anyway?

b) Or is it when the President states publicly that the chances of the defendant getting an acquittal in the US justice system are effectively zero?

It's too damn bad all those watchdog organizations whose job it was to scream bloody murder about any breach of basic American values, or trashing of the Constitution, went out of business!

What - they didn't go out of business?!  Well then, where the hell are they?!  Anyone? Bueller? Chrissy? Keef?

Posted by: sherlock at November 18, 2009 03:31 PM (N7uu0)

74 We need a guy like the sheriff in Silverado.

"We're gonna give him a first-class trial, followed by a first-class hangin'!"

Posted by: Christopher Taylor at November 18, 2009 03:33 PM (PQY7w)

75 I hate to say it but I would feel significant schadenfreude if KSM was acquitted and Odumbo was forced to continue to detain him.

Moderates would see - yet again - the real Odumbo and perhaps finally "get it," and his base would pillory him for not releasing the murderer after a supposed "fair trial."

Posted by: Alec Leamas at November 18, 2009 03:42 PM (AlKlj)

76

We should stop bitching.  This trial is going to be the greatest gift to the Republican party since Reagan.  Day after day people will be reminded what President Bush accomplished, how vile our enemies are, and how superhumanly fuckwitted the current Administration is.  It'll go on for months and months, right up to Election 2010.

President Obama and the Democrats have been trying for eight fucking years to make pretend terrorism doesn't exist, go back to sleep, listen to the pretty colors.  Now the public will hear about terrorists and terrorism every day.

But the best thing of all is that they did it to themselves!  It's like LBJ and Franklin Roosevelt turning up at Reagan's nomination in 1980 to personally give him a blowjob!

Posted by: Trimegistus at November 18, 2009 02:41 PM (6yEzu)

***********************

 

I kinda doubt that. I think there will be a court-ordered blackout on domestic media coverage of the trial. Allegedly to maintain security about intelligence matters, but really to keep this spectacle from distracting the American electorate from worship of the Great Obama-lama-ding-dong.

It will be covered in the overseas press, al Jazeera (to stir up anti-American hate), and ignored by our MSM.

 

Posted by: SGT Dan at November 18, 2009 03:47 PM (GgXZc)

77 @60

I'm not arguing whether my hypothetical would be technically guilty of either charge, nor what the proper approach from a "rules of war" perspective should be. Nor arguing AQ-as-state actor.

I'm just saying that this would be a mighty difficult case in a civilian court. Even with clear cut evidence. Even with a solid admission in court "I shot him."

Posted by: Al at November 18, 2009 03:53 PM (VtygY)

78

The problem is going to be Miranda. Since he was probably never Mirandized, anything he said would not be admisable, including his confession.

We were told everyone was Mirandized upon arrival at Gitmo.

Posted by: rightzilla at November 18, 2009 03:54 PM (rVJH4)

79

We should stop bitching.  This trial is going to be the greatest gift to the Republican party since Reagan.  Day after day people will be reminded what President Bush accomplished, how vile our enemies are, and how superhumanly fuckwitted the current Administration is.  It'll go on for months and months, right up to Election 2010.

President Obama and the Democrats have been trying for eight fucking years to make pretend terrorism doesn't exist, go back to sleep, listen to the pretty colors.  Now the public will hear about terrorists and terrorism every day.

But the best thing of all is that they did it to themselves!  It's like LBJ and Franklin Roosevelt turning up at Reagan's nomination in 1980 to personally give him a blowjob!

Posted by: Trimegistus at November 18, 2009 02:41 PM (6yEzu)

Are you KIDDING ME? Youa re willing to compromise your own contsitutional rights with precidents this sets in order to HOPE to get Bush/Repub face time? It is NO gift to anyone except the terrorists who will likely represent themseves which will result in them having access to ALL of the intelligence information we need to protect! Look at the big picture and not the instant gratification you have in the political potential.

Posted by: rightzilla at November 18, 2009 03:57 PM (rVJH4)

80 Hey, where's the love?

Posted by: All those guys shot as spies under FDR at November 18, 2009 04:05 PM (MMC8r)

81 KSM entered a G plea in teh tribunals before the OBAMANASTY admin took the trial to the civilian system.

Posted by: rightzilla at November 18, 2009 04:05 PM (rVJH4)

82 'zilla:  I'm not willing to consent to this travesty -- I have no choice.  I certainly can't affect the Obama admin. or the Justice dept.  Hell, I live in a bluer-than-blue state; I can't even complain to my Congressman or Senators.

But if Obama's going to fuck American justice, it's at least nice to know he's going to pick up an STD in the process.

Posted by: Trimegistus at November 18, 2009 04:21 PM (6yEzu)

83

It's not a trial under New York state law, it's a Federal trial.  So the Federal death penalty for terrorism applies.  Think McVeigh.

Yeah, except McVeigh was a white American man...

I honestly don't see KSM getting the death penalty.  How are they going to get people to serve on his jury?  How are they going to be able to complete the trial before the judge retires.  This trial could take years and years.  And yeah, Rush has been on freaking fire about this, thank God!

Posted by: runningrn at November 18, 2009 04:34 PM (qP2BK)

84

 Obama, a former constitutional law professor.

Nuf said.

There, I fixed it for you.  This bastard's perpetrating the biggest con the U.S. has ever seen, from his domestic policy to his foreign policy. 

Posted by: runningrn at November 18, 2009 04:37 PM (qP2BK)

85

Rove has been pounding the drum that the Bush admin's hands were tied  in prosecuting KSM because of efforts of the ACLU etal.  I'm still dissappointed about that and can't find anything to support his claims, can any of you morons point me in the right direction??  I think Rove is brilliant and wanna believe him on this one but, you know...

  Posted by: dananjcon at November 18, 2009 03:25 PM (pr+up)

I was listening to a local talk radio show yesterday afternoon in my car.  The guest was Andrew McCarthy (former Asst. Attny Gen. who successfully prosecuted the Blind Sheihk).  He said that first of all, Holder's former law firm defended 18 former Gitmo detainees.  That alone should have been cause to recuse himself from this case.  He also said that same law firm filed all kinds of delays and briefs to prevent prosecution of the detainees in military tribunals, and that is why only 3 such trials have taken place.  He said for Eric Holder to complain that these terrorists weren't given speedy and due process because of the Bush administration is very disingenuous since it was his own law firm that blocked this from happening.  I would suggest you go look for stuff he's written about this whole debacle.  I think he writes for National Review now.  He's also written some great op-eds in the WSJ.

Posted by: runningrn at November 18, 2009 04:43 PM (qP2BK)

86

The problem is going to be Miranda. Since he was probably never Mirandized, anything he said would not be admisable, including his confession.

Other problems include "securing the crime scene" and custody of evidence.  This whole thing is freaking surreal in light of the fact these terrorists are not American citizens and aren't even entitled to Geneva Conventions because they were illegal enemy combatants.  It makes me want to scream!

Posted by: runningrn at November 18, 2009 04:46 PM (qP2BK)

87 "I have complete confidence in the American people and our legal traditions and the prosecutors"

Did Obama just never turn on the T.V. during the O. J. Simpson years?

Posted by: Crusty at November 18, 2009 04:50 PM (GvSpB)

88

Posted by: Trimegistus at November 18, 2009 04:21 PM (6yEzu)

 

Well, I do understand your frustration, but we all have voices and to lay silent because of the belief we cannot make a differnce is giving in, IMHO. Loud and proud conservative who will not shut up about what is right is my MO. I live in Nevada. In the shadow of Harry. I will not be silanced.

Posted by: rightzilla at November 18, 2009 05:01 PM (rVJH4)

89

87 "I have complete confidence in the American people and our legal traditions and the prosecutors"

Did Obama just never turn on the T.V. during the O. J. Simpson years?
 

If the camel don't fit, you must aquit!

Posted by: rightzilla at November 18, 2009 05:02 PM (rVJH4)

90

@78    The problem is going to be Miranda. Since he was probably never Mirandized, anything he said would not be admisable, including his confession.

We were told everyone was Mirandized upon arrival at Gitmo.

So.....he was waterboarded after he was Mirandized?  I thought this idea to give full Constitutional rights, including Miranda, to enemy combatants was conjured up by the current administration?

Posted by: EyeTest at November 18, 2009 05:06 PM (ip+1t)

91

Excuse me...illegal enemy combatants

Posted by: EyeTest at November 18, 2009 05:08 PM (ip+1t)

92

“I don't think it will be offensive at all WHEN (not if)  he's convicted and WHEN (not if) the death penalty is applied to him,” Obama told NBC’s Chuck Todd.

And then that great constitutional scholar Obama denied that he'd just said  what he just actually said....  I'd still like to see Obama's transcripts. 

He's stupider than he'd like us to think.

 

 

Posted by: marybel at November 18, 2009 06:27 PM (RSB5W)

93 "What I'm absolutely clear about"=LIE
It's his oldest tell.

Posted by: stitches at November 18, 2009 07:00 PM (Xg4tr)

94 Hey,, guys you can't say a somewhat black man don't know how it rolls in George Bush's Amerikkka... hold it...

Posted by: Richard McEnroe at November 18, 2009 07:53 PM (P817V)

Posted by: jason at November 18, 2009 09:27 PM (fRLM+)

96 Did Obama just never turn on the T.V. during the O. J. Simpson years?

Or the Rodney King years?

Posted by: cheshirecat at November 18, 2009 11:33 PM (S4iZ5)

97 A plain 'ol summary execution would be more respectful of the Rule of Law than these show trials would.

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100 But in the Obama administration, the outcome of the trial will be assured anyway. The judge will be a unicorn, the pleadings will be written on rainbows, and the closing for the prosecution will be delivered by Jiminy Cricket himself. Hope 'n' change, hope 'n' change, hope 'n' change, yes we can.

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