Category Archives: War Commentary

“Failure Is Not An Option”

In other words, it’s a show trial:

Obama’s and Holder’s assurances that KSM will be convicted (and, according to the president, “put to death”) make a mockery of due process. Nothing is more fundamental to America’s criminal justice system than the presumption of innocence, and if terrorist detainees are to be treated as criminal defendants, they are entitled to that presumption.

For the sake of political expediency, Obama and Holder are refusing even to make a pretense of respect for due process. If KSM & Co. are convicted and put to death, America’s critics and enemies will point to Obama and Holder’s assurances in arguing that the defendants were subjected to sham justice. Nice work restoring America’s moral standing, Mr. President.

This remains indefensible, though I’m sure the Obama kool-aid drinkers will continue to defend it. Certainly Holder wasn’t able to do so last week.

Smart Diplomacy?

No, chump diplomacy:

Oh, how the international community loves Barack Obama — loves to stiff him, play him along, and manipulate him. He’s the world’s celebrity ingenue, the slender naïf perpetually undone by the recalcitrance of foreign leaders.

…Democrats spent years banging on Bush for alienating our allies. What they really meant was that he hadn’t been nice enough to our enemies. Reversing field entirely, Obama has been hell on allies like Hamid Karzai and the Israelis. He’s undercut the Poles and Czechs. He’s given a cold shoulder to friends who have the temerity to want to trade with us, like the Colombians and South Koreans. He’s cooled the special relationship with Britain. And he hammered the government of Honduras when it stopped a creeping Chávezist coup by its sitting president.

It’s hard to figure out just what country he’s president of.

Psychiatrist Charles Krauthammer

…on the lunacy of Eric Holder:

…why is Attorney General Eric Holder doing this? Ostensibly, to demonstrate to the world the superiority of our system, where the rule of law and the fair trial reign.

Really? What happens if KSM (and his co-defendants) “do not get convicted,” asked Senate Judiciary Committee member Herb Kohl. “Failure is not an option,” replied Holder. Not an option? Doesn’t the presumption of innocence, er, presume that prosecutorial failure — acquittal, hung jury — is an option? By undermining that presumption, Holder is undermining the fairness of the trial, the demonstration of which is the alleged rationale for putting on this show in the first place.

…Finally, there’s the moral logic. It’s not as if Holder opposes military commissions on principle. On the same day he sent KSM to a civilian trial in New York, Holder announced he was sending Abd al-Rahim al-Nashiri, (accused) mastermind of the attack on the USS Cole, to a military tribunal.

By what logic? In his congressional testimony Wednesday, Holder was utterly incoherent in trying to explain. In his Nov. 13 news conference, he seemed to be saying that if you attack a civilian target, as in 9/11, you get a civilian trial; a military target like the Cole, and you get a military tribunal.

What a perverse moral calculus. Which is the war crime — an attack on defenseless civilians or an attack on a military target such as a warship, an accepted act of war that the United States itself has engaged in countless times?

By what possible moral reasoning, then, does KSM, who perpetrates the obvious and egregious war crime, receive the special protections and constitutional niceties of a civilian courtroom, while he who attacked a warship is relegated to a military tribunal?

This will not end well.

[Update a couple minutes later]

And speaking of the corrupt political hack running the Department of Injustice, Andrew Breitbart has a warning: investigate ACORN properly, or I’ll release a lot more tapes just before the election next year. You know, I think he has them by the short hairs. I wonder if they’re too stupid to realize it, though.

And in a sane world, Breitbart, Giles and O’Keefe would be getting a Pulitzer.

[Update a couple minutes later]

Oh, this is precious, too. Breitbart totally pwned a hack columnist at the LA Times as well.

Making History

I’m not a big fan of Lindsey Graham, but once in a while he’s not a total waste of oxygen:

One would have thought that Holder would have been prepared for this obvious question. That he wasn’t just shows what an incompetent, political hack he really is.

[Update a few minutes later]

Andy McCarthy, the anti-Holder, expands on the subject:

The lawyer’s stock in trade is precedent. Whether you’re a prosecutor or any other lawyer faced with a policy question, the first thing you want to know is what the law says on the subject: Has this come up before? Are there prior cases on point? What have the courts had to say? Those are the first-order questions — always.

…How could Holder possibly not know the answer to this fundamental question — how could he, in fact, be stumped by it. If he studied and agonized over this decision as he says he did, this would have been the first issue he’d have considered: the fact that there was no legal precedent for what he wanted to do. Or, put another way, if there was a single case that supported Holder’s decision, it would have been the only case we’d have been hearing about — from DOJ, the academy, and the media — for the last ten months.

Hack. The country’s in the very best of hands.

[Update a few minutes later]

The insanity grows. Senator Leahy says it’s OK, we don’t need to interrogate bin Laden.

Bringing Martial Law To America

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.