[Politico] 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.
So let me get this straight. The primary rationale, we were told for years, to try Guantanamo detainees in our civilian federal court system was to improve our image and standing around the world. Indeed, back in January 2009 Attorney General Eric Holder said the following: “We will carry out our constitutional duties within the framework set forth by the founders and with the humility to recognize that congressional oversight and judicial review are necessary.”
Aside from the fact that this statement and many others like it from Democrats were both insulting to our military (who for 250 years of precedent had run effective and lawful tribunals during the Revolution, Civil War, and World Wars I and II) and factually inaccurate (military tribunals have both congressional oversight and judicial review), we now find that in just 48 hours the president and attorney general have created exactly what they claimed they wished to avoid via tribunals — the notion of a kangaroo court.
Obama’s statement above is sure to feed the perception around the world that Khalid Sheik Mohammed (KSM) cannot possibly receive a fair trial (and won’t his defense team demand a change of venue on day 1?). Similarly, Holder said the following:
“These are cases that have to be won. I don’t expect that we’ll have a contrary result [other than guilty].”
Brilliant! Holder additionally called it the “trial of the century.” The attorney general and president of the United States both confidently all but guaranteeing conviction and death penalty… How do you think that will play out on Al Jazeera? Won’t it sound like a stacked deck? The script already written? You better believe it. There’s no reset button for Islamic extremists.
Aren’t Barack Obama and Attorney General Eric Holder graduates of law school? If so, how could they make the fundamental gaffe of prejudicing the trial of Khalid Sheik Mohammed (KSM)?
The next problem is a total lack of consistency. After bashing military tribunals for so long, Holder now says that other Guantanamo detainees, such as the USS Cole bombers, will be tried in a tribunal, not in federal court! That, of course, is the better place to try them, but no doubt people will ask — including the defense lawyers — why a federal trial is good enough for the brains behind 9-11 but not good enough for his subordinate.
SEN. GRAHAM: Yeah, nor do I. But here’s my concern. Can you give me a case in United States history where a enemy combatant caught on a battlefield was tried in civilian court?
ATTY GEN. HOLDER: [ACM: LONG PAUSE] I don’t know. I’d have to look at that. I think that, you know, the determination I’ve made —
SEN. GRAHAM: We’re making history here, Mr. Attorney General. I’ll answer it for you. The answer is no.
ATTY GEN. HOLDER: Well, I think —
SEN. GRAHAM: … The Ghailani case — he was indicted for the Cole bombing before 9/11. And I didn’t object to it going into federal court. But I’m telling you right now. We’re making history and we’re making bad history.
Indeed. It’s been said that the 2006 Military Tribunals Act passed bipartisianly in Congress, was crafted almost for the sole purpose of trying KSM. That’s out the window now.