That will be the result of this insane decision to try KSM in New York:
For over two hundred years we were careful to keep a firewall between civil and martial law. We did so because civil and martial law are polar opposites. Civil law is focused on protecting the rights of the accused against the overwhelming power of the state. When there is doubt, the accused walks free. Martial law is focused on imposing a minimal order on bloody chaos. It was focused on allowing the military to complete its mission and win wars. When there is doubt, the accused is presumed guilty.
Now, Obama wants to bring martial law into a civil court room in Manhattan. In order to let a civil conviction of KSM stand, the higher courts will have to overturn almost all the current constitutional protections of the accused.
They will have to overturn the requirement for Miranda warnings. They will have to overturn the Fifth Amendment protection against self incrimination. They will have to overturn the right to face one’s accusers and to examine all evidence and evidence gathering methods.
Even if the courts throw out his conviction, the government will never allow him to go free, so we will toss out protection against double jeopardy if they try to convict with a military tribunal, and toss out the right of no imprisonment without trial if they don’t.
Our system of justice relies on precedent and equality of procedure. The same rules apply to every civil trail. We can’t say that it’s okay to deny the right against self-incrimination in one person’s trial while saying it’s okay in another. If the courts overturn the rights of one individual accused, it must overturn the rights of all of them.
Nothing good will come of this trial.
Of course it will. It will show how evil the BusHitler was.
[Afternoon update]
Memo to Obama: these detainees are not soldiers in this war, they are the weapons.
[Update mid afternoon]
How hard will it be to convict KSM?
[Update late afternoon]
Here’s a hall of shame: the list of Senate Republicans who supported Eric Holder for Attorney General.
[Update a few minutes later]
A history lesson:
Remember what KSM said after his capture: He would tell us everything when he got to New York for his trial. We told him: You’re not going to New York. First, you’re going to spend a little time talking to the CIA. And under CIA questioning, KSM — together with other CIA detainees — gave us vital intelligence that helped stop a number of attacks, including a plot to fly an airplane into the Library Tower in Los Angeles; a plot to fly airplanes in the Heathrow Airport and buildings in downtown London; a plot to blow up our consulate in Karachi; a plot to blow up our Marine camp in Djibouti; and many others. His interrogation produced thousands of intelligence reports, and helped us wrap up the two main terrorist networks still at large at the time of his capture: the remaining members of the KSM network that had planned the 9/11 attacks, and the key members of the Hambali network that was working with al-Qaeda on follow-on attacks.
Once we had exhausted KSM as an intelligence source, President Bush transferred him and 13 other detainees from CIA custody to Guantanamo Bay so that they could face justice. If it had not been for the legal obstacles Andy cites, their trials would have begun soon thereafter.
And had it not been for the Obama administration, KSM and his partners would now be sitting on death row. KSM and his co-conspirators offered to plead guilty once their military commissions got underway and proceed straight to execution — until the Obama administration suspended the proceedings. This means that, with his decision to give KSM a civilian trial, Eric Holder effectively rejected KSM’s guilty plea, and told him, “No, Mr. Mohammed, first let us give you that stage you wanted in New York to rally jihadists to kill Americans and incite new attacks.”
Thanks, Eric.
[Evening update]
The worse the terrorist, the more rights he gets. Great incentives, guys.