Shout Out To That Special Duo Of Obama/Holder For Bringing Us THE TRIAL
Let The Games Begin!
The only two people in government (plus a few yes men and women) who seem to have thought that bringing these five terrorists to New York for a criminal trial would be as swift and clean as a military tribunal are those kings of political comedy, the President and his Attorney General. Critical for this to happen they said.
Never mind the fact that a military tribunal is run according to strict rules and disciplines. Or that a criminal trial is run by smoke and mirrors and the duck and feint of a boxing match where the emotions of one juror or a legal technicality can free a guilty man. Or in this case five terrorists complicit in the murder of thousands of Americans. Or that these tactics can cause a proceeding to drag on in the public spotlight for a very long time. Or that it has the potential to reveal State secrets. Never mind that these five terrorists have no peers who can judge them on a jury (unless of course Hitler, Stalin, Pol Pot, Idi Amin, possibly Ted Bundy, Manson, etc became available). Never mind that it will be a bully pulpit for these men to scream their ideals and opinions to the rest of the world, making an absolute mockery of the United States.
Swift Justice? You Make The Call!
This story from The Wall Street Journal which makes the claims of a trial as swift and efficient as a military tribunal seem questionable.
"...Justice Department spokesman Dean Boyd declined to comment specifically on the mental-capacity issue but said the government expects "a host of motions" to be filed. "It's the job of prosecutors to anticipate these challenges and plan their cases accordingly, and that is certainly being done in this case," he said.
A strong defense case for mental unfitness may force prosecutors to choose between unappealing options. They could sever Messrs. Binalshibh and Hawsawi from the joint conspiracy trial, allowing the case against the defendants whose capacity isn't at issue to proceed.
That would deprive prosecutors of a favored tool in conspiracy cases, because a joint trial allows the alleged guilt of one defendant to be imputed to the others. In this case, where the notoriety of alleged 9/11 organizer Khalid Sheikh Mohammed far exceeds that of his co-defendants, the separation could be beneficial to Messrs. Binalshibh or Hawsawi should they contest the charges.
If federal prosecutors decide to pursue a joint trial, proceedings will have to wait until each defendant's fitness is established..."
There is, however, no need to worry as both the President and Attorney General have publicly announced the guilt of the five defendants. Wait. Isn't that grounds for the defense to claim charges should be dropped?
Image courtesy of Law Student Code
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