A few tiny problems
TIME notes some potential problems with the prosecution of KSM:
“The challenge for prosecutors is to try and present a case that is not tainted by evidence that is inadmissible,” says Joshua Dratel, a criminal lawyer in New York who has appealed cases against terrorists on the basis of torture allegations. Holder testified at his Senate-confirmation hearings earlier this year that he believes waterboarding is torture, and any evidence obtained after Mohammed’s waterboarding will likely be inadmissible.
That means the government will likely have to rely on evidence that predates the 2003 waterboarding, as well as Mohammed’s 2002 statement to al-Jazeera in which he took credit for the attack. Holder said at his press conference announcing the trials Friday that he has seen evidence previously unavailable that made him confident the prosecution will be successful…
But even if the government can make a strong case without the tainted evidence, Mohammed’s treatment could cause problems. It’s possible — though not likely — that a court could rule that the government doesn’t have the right to prosecute someone who has been severely abused in custody. (Previously, suspects have been released even when their abuse didn’t prejudice evidence against them, but there’s no clear precedent for terrorism cases.)
Other issues likely to be raised by the defense, says Dratel, are finding a jury that can be considered impartial, especially blocks from the World Trade Center site, and whether Mohammed’s rights to a speedy trial have been violated.
We agree with those who say bringing KSM to trial in NYC is a dangerous and deeply weird decision. Surely it is an invitation for every Hasan wannabe to try his luck. In so many ways, this looks like a decision that will likely be bad for Democrats. As the man said, it really is impossible to caricature this administration. HT: JOM
November 14th, 2009 at 3:56 pm
Consider the political tactics previously employed by the Obama administration. The civil trial of terrorists in the nation’s media capitol will be a huge distraction from the radical Obama/Reid/Pelosi agenda. It’s red meat for their radical Left, it will completely extinguish media coverage of socialized medicine, cap-and-trade, corruption, deficits, etc., and it will reduce independents and conservatives to raving incoherence. And the logically foreseeable outcome of this legal absurdity won’t be known for 4 years at least – well after the 2012 elections.
It’s bread-and-circuses for the American mob.
It will allow the political class to get on with the business of dismantling democracy without so much citizen scrutiny or interference. Politically, it’s the smart move, especially if you despise your fellow Americans.
November 15th, 2009 at 2:42 am
Saturday morning links…
CUNY students can’t do math. You would think the SAT would have made that clear.
Newt Gingrich: The job-killing president and Congress
Climate change bill to back burner. I think it’s dead.
Jesus the Capitalist? I do not think that He spent a l…
November 17th, 2009 at 4:21 am
AQ is not on trial, the Bush administration will be. And if this top notch prosecution team doesn’t get the conviction they will blame evidence not being allowed because of the Bush practices. This is (will be) political theatre at it’s most disgusting.
All I can say is that those who are staking their reputation on this trial best beware. Payback is a bummer.