Very interesting take on this whole 9/11 mastermind trial we are promised by our astute Attorney General. It a Washington Post article, Travesty in New York, written by Charles Krauthammer. Interesting in the aspect that it outlines the largest contradiction of this administration’s approach to fixing the perceived ills of Guantanamo Bay Camp X-Ray. You seriously need to read the article to follow my points below, its ok I can wait.
My very own US Senator, Dem. Herb Kohl grilled Holder on the fundamental premise of our judicial system when it came to Mohammed, “What happens if KSM (and his co-defendants) ‘do not get convicted,’ asked Senate Judiciary Committee member Herb Kohl. ‘Failure is not an option,’ replied Holder. ‘Not an option? Doesn’t the presumption of innocence, er, presume that prosecutorial failure — acquittal, hung jury — is an option?’ Kohl retorted” Don’t you love it when some old white haired fart slaps you down to Earth with logic and reason? Krauthammer states that the AG’s presumptions and attitude contradict our own legal systems foundation of presumed innocence. The guilt was taken from a confession, a confession obtained out of water-boarding, the very thing the Obama administration is wanting to expose and showcase to the world. My take, its armature hour meets idealism mixed in with an unhealthy dose of naivety and arrogance. Here is how I back that up.
In America citizens are born with unalienable rights, according to our Constitution, and our government restricted from infringing upon those rights. These rights, however are not extended to those outside our borders. We have no say or standing in what citizens of another country do or say, just as we have no standing in what another sovereign nation does or says in regards to their internal matters (I will circle back to this later). Therefore anyone who commits an act of violence against our citizens is only subjected to the laws of the country from which they reside during the acts committed, this is universally held. If, however the acts are committed against us as a nation, as in an act of war or terrorism, it falls under established international protocol as that, an act or war for which there is an avenue in place for dealing with, military tribunals. By trying Mohammed in New York we are granting a foreigner, who was brought here against his will, the same rights, privileges, and courtesies as any American citizen. Sure, he is not a full citizen with rights to vote, obtain a passport, or keep and bare arms but he does have the protections of our judicial system, now, thanks to the infinite wisdom of out benevolent president and his righteous attorney general. He has due process, Miranda, fair and speedy trial, and most importantly, no cruel and unusual punishment if convicted.
By having a New York based trial we are extending the courtesies and rights hundreds of thousands of Americans have fought and died for and millions of people across the world have struggled and risked life the limb to obtain through years of hard work and dedication, all with a simple stroke of a pen, and something he never wanted in the first place. The burden of proof is now in the hands of the prosecuting attorneys. They have to prove he is guilty of the crimes for which he is to be accused. What crimes? He can not be accused of a crime that did not exist prior to that fated day nine years ago. He can not be accused of waging war on the country as that is not an act for which civil courts are set up to deal with. We now have to charge him with pre 9/11 crimes, prove beyond a reasonable doubt and excluding circumstantial evidence, he is guilty by a jury of his peers. There is no evidence to be allowed by the fruit of the poisonous tree, meaning any conversations obtained without his right to legal council, any evidence collected without properly executed warrant, defendant lawyers access to discovery, review, and cross examination to refute and prove its undisputed tie to his client, etc. etc. etc. You see, civil trials are set up to try people observed, apprehended, and arraigned for crimes committed on American soil by American authorities, under American laws, for which Mohammed did none of. A trial in New York is just for show and the entire world is fully aware of that pure and simple fact.
Those on the left will state this is a healing process, a way to extend the courtesies and privileges to our enemy they did not extend to us, therefore taking a high-path approach, hogwash! If this were the case then what about the contradiction Krauthammer exposes in Abd al-Rahim al-Nashiri getting sent to military tribunal for his part in the bombing of the USS Cole, on the very same day he sent Mohammed to civil trial in New York? The article attacks the circular logic without exposing the obvious point, its to your benefit (as a terrorists) to attack civilian targets because you will get a civil trial that is a hundred times harder to get a conviction in and offers a platform to showboat your cause and view your grievances. Holder sees no problems with military tribunals, he just sees and issue with this one and is using the intended target as a thin vial over the reasons why. As with all war crime trials since the 1950’s the criminals were accused of targeting innocent civilians. I guess Holder is conveniently forgetting this or the use of civilian aircraft in the attack exempts Mohammed and his co-defendants from established war crimes precedence.
Holder is claiming all of this is in the name of justice. If that is the case they why not hold the trial in Los Angeles? New York is too close to the crime, how can Mohammed get a fair trial in New York? Where will the perceived justice come in from when finding a jury of his peers? Who in New York can not remember where and what they were doing at the moments of the attacks? Its burned into everyone’s minds, permanently. This is not sounding like justice, its sounding a lot like every kangaroo court trial the US and its allies have railed against for decades. To be perceived as a fair trial there can be no preconceptions, there is presumed innocent until proven guilty. How can that be done in New York city? How can the Attorney General sit down before the world and one second state the reason for the civil trial is to promote fairness and integrity in our laws and the next second state he will get a conviction? I know attorneys are cocky and full of themselves and their abilities but this is before any trial motions have been filed and the government is stating the guilt before the docket is set. If anything, and I mean anything, goes wrong in this trial you will see a real disaster, domestically and internationally. Obama and Holder have painted themselves into a corner and this isn’t quick drying paint. Everyone knows it is going to be a show trial and we all know what this means.
Lastly, and to bring the item mentioned previously to light. We have the show of the show trial. This is going to take years and be drawn out as witnesses are called, cross examined (think beyond New York city here folks), evidence is evaluated, George Bush is put on trial (you know its going to happen), and the enviable preaching by all the co-defendants on why and under what justifications they acted and did what they did. America’s foreign policy and its perceived interference into international affairs will be placed on trial, 50 plus years of American oppression, imperialism, favoritism, ignorance, fear, and greed will all be used, and with such oratory elegance as to shame all the liberal leaning bleeding heart citizens that the acts were not attacks but reprisals for decades of wrongs and policies that encouraged slavery and poverty so we could prosper and thrive at the expense of others. This is what the Mohammed’s of the terrorist world want most. In my anti-terrorists training we were taught why these people take to such acts, what drives, motivates, and sustains their hatred, and it may surprise you what it is. Its lack of a creditable platform from which to air their grievances.
Radical Islam is just a tool for the terrorists, its the common thread or foot in the door for them to show commonality and a common foe, a singular manifestation of all that is wrong in their world. Those pushing terror are doing so to get their message out because there is no venue for them to do so legitimately. Israel, America’s fault. The Palestinian condition, America’s fault. Poverty, hunger, and lack of jobs and services in their home countries, America’s fault. Radical Islam is just the door. The leaders, like Mohammad, are eager to get their messages out. They love publicity and what to get as much of a spot light as possible. That is why they flew airplanes into buildings, to get our undivided attention so they could talk and we would listen. Now we are setting the stages, performing the sound checks, selling the tickets, and stocking the concessions for their grandest and most public performance on the world stage. How, within any degree of righteous or fairness can we think these trial will be seen as anything other then a public show and kangaroo court set up to hand each of these men their punishments after they have the opportunity to spew their hatred and twisted vision of Islam to justify their actions from the largest platform on Earth for all to see? I for one see no way this will recover American’s reputation or view in world eyes, show trial always do just the opposite. How are we any better then Myanmar, North Korea, or Iran who all have had show trial with pre-determined verdicts before the trial ever began? This should have stayed where it belonged, in a military tribunal, with a military sentence, carried out just as those other crimes that even the current administration continues to pursue as the last administration did, USS Cole bombing a shining example. In an effort to rebuild America’s creditability, something that is only done through actions over decades, not one administrations one term, we have played right into the very avenue our enemy always wanted, a world audience. Good work team! Now where is that thar rope, we have us some evil terrorists to hang at the end of this here trial. Yes, sir. Its all about fairness in these here parts. Come back now, you here!