January 05, 2010
— DrewM Supporters of trying terrorists like Khalid Sheikh Mohammed in civilian courts like to scoff at the concerns of their opponents. They say, 'hey, we successfully tried Zacarias Moussaoui in federal court, so why not KSM?".
As Andy McCarthy observes, the 4th Circuit Court of Appeals upheld Moussaoui's sentence yesterday but the case only has a happy ending because Moussaoui pleaded guilty.
The appellate court notes that Moussaoui claims it was error for the trial judge to interfere with his unqualified right to represent himself; "to have personal, pretrial access to classified, exculpatory evidence"; and to be able to summon witnesses like co-conspirator Khalid Sheikh Mohammed for trial testimony. The Fourth Circuit acknowledges that all these claims have merit, but the court finds that Moussaoui, by pleading guilty, waived any claim of prejudice. Opinion at pp. 24–28. Even more alarming, the Fourth Circuit concedes that its waiver rationale is inconsistent with a decision by the Ninth Circuit on which Moussaoui relies — i.e., if the Fourth Circuit had followed the Ninth Circuit, there's a good chance it would have had to agree that, regardless of the guilty plea, Moussaoui's convictions should be reversed.
That split in the reasoning by the circuit courts could lead to a Supreme Court appeal and there's no telling where His Imperial Majesty Anthony M. Kennedy will come down on any given day, nor a Wise Latina so there still may be some hope for Moussaoui to get a new trial.
Based on the 4th Circuit's rulling imagine that KSM doesn't just plead guilty (why would he?) and decides to represent himself, he most likely will get to see all the classified materials we have on him and his 'associates'.
Undoubtedly the left will claim that he can't do any damage with that information since he's going to spend the rest of his life in jail.
Ok but what guarantee is there that he's going to jail forever? Are those so ardent to see due process for these guys saying the trials are rigged? But don't worry, it's not as if there's ever been a case where a lefty lawyer has passed messages on for convicted terrorists or anything.
Read the rest of McCarthy's piece for a reminder of just how stupid and dangerous a game Obama is playing by giving these terrorists the same rights and protections you and I enjoy.
Posted by: DrewM at
08:32 AM
| Comments (28)
Post contains 403 words, total size 3 kb.
Posted by: EC at January 05, 2010 08:39 AM (mAhn3)
Posted by: Jean at January 05, 2010 08:41 AM (7K04W)
Undoubtedly the left will claim that he can't do any damage with that information since he's going to spend the rest of his life in jail.
Or give information to his Communist-voting, legal aid lawyer to pass on. (Who won't be executed for treason when she gets caught.) I believe there is a precedent for that.
Posted by: andycanuck at January 05, 2010 08:42 AM (2qU2d)
This can be simple membership in Al Queda, through the whole 'lone jihadist' idea. It applies (almost) uniformly to citizens and non-citizens.
You shouldn't need fingerprints on detonators or a raft of testimony from active spies.
As an example: Cooks, quartermasters, porters, medics, guards, and a long list of other positions in a regular military probably would have a tough time with charges like "Conspiracy to commit XYZ." But the fundamental question of jurisdiction is a much simpler one to adjudicate. So... do that dammit.
Posted by: Al at January 05, 2010 08:44 AM (0lyUI)
That made my blood run cold.
These aren't crimes, these are acts of war. What the hell is so hard to understand about that?
Posted by: alexthechick at January 05, 2010 08:44 AM (8WZWv)
Posted by: torabora at January 05, 2010 08:48 AM (LcHM4)
+1.
Posted by: HeatherRadish at January 05, 2010 08:52 AM (mR7mk)
Posted by: slade at January 05, 2010 08:55 AM (XsHAM)
Posted by: garrett at January 05, 2010 08:58 AM (CKrrx)
Posted by: KSM at January 05, 2010 08:59 AM (4s1it)
These trials are an insane step backwards for our security. A "day in court" is just one more potential POSITIVE outcome for terrorists when they try to kill us. Shouldn't we be removing incentives to terrorism?
Posted by: lincolntf at January 05, 2010 09:01 AM (rwlcW)
The thing is, if any judge other than a narcisisstic Lib-tard (excuse me for being redundant again) looked at his own authority by law, he'd have to face the prosecutor and say "I'm not authorized to hold court for military crimes. That doens't fall under the realm of my authority BY LAW".
But Judges are more impressed by their own absolute authority in their own court, and would never question their own unlimited power in their own home court.....
Posted by: Just a Cynic.... at January 05, 2010 09:02 AM (v4UYp)
He really is like a god, isn't he? I've thinking Baal or Moloch? Hell, has anyone checked to see if tophets will be covered by Obamacare?
Posted by: 18-1 at January 05, 2010 09:03 AM (7BU4a)
But Judges are more impressed by their own absolute authority in their own court, and would never question their own unlimited power in their own home court.....
Posted by: Just a Cynic.... at January 05, 2010 01:02 PM (v4UYp)
I warned you people.
Posted by: Lord Acton at January 05, 2010 09:04 AM (7BU4a)
I KSM walks, there will be a riot. And being long overdue, it will be a big one.
Posted by: sherlock at January 05, 2010 09:12 AM (h6sl7)
Posted by: Jean at January 05, 2010 09:13 AM (pIKTP)
Posted by: Jean at January 05, 2010 09:14 AM (5ddCw)
Posted by: bowel movement at January 05, 2010 11:36 AM (Fd5yK)
Oh, KSM will walk. You can bank on it.
Consider: You only need ONE Muslim juror to get a deadlock, followed by a mistrial, followed by an aquittal. KSM's lawyers will demand a jury of his peers so there will probably be quite a few Muslims, liberals, pacifists, etc on the jury. Most if not all of the evidence against him will not be admissable in court, and if it is admitted the lawyers will move to have it disregarded becuase no one read him his rights. Confessions will be thrown out because poor KSM was water-boarded, etc; It will be the OJ trial times 20.
Plus, theres the intimidation factor. No doubt muslims will be saying to the jurors, prosecutor, witnesses and judge: "nice family you have, infidel dog, be a real shame if your kids were to end up like Danial Pearl".
Posted by: BattleofthePyramids at January 05, 2010 12:21 PM (ZZ/rt)
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The KSM trial in NY will be a lefty-legal circus. It will hurt our national security and there is no guarantee that Daniel Pearl's head chopper will really face justice.
Only reactionary anti-American leftwing assholes would disagree.
Posted by: pre-paid sex monster at January 05, 2010 08:38 AM (0fzsA)