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November 18, 2009

Holder, KSM, and That Pesky Miranda Right

Posted by The MaryHunter at November 18, 2009 11:50 AM

Attorney General Eric Holder is defending his decision (made in careful consultation with his wife and his friend, no one else) to haul Khalid Sheikh Mohammed's tookus into New York City to be tried a few blocks from Ground Zero in a spectacular show trial. On to The Weekly Standard and Mary Katherine Ham for a quick report:

Holder says: "Failure is not an option. These are cases that have to be won. I don't expect that we'll have a contrary result." To which Senator Grassley replied: "I don't know how you can say failure is not an option...I'm a farmer, not a lawyer, but it seemed to me ludicrous."
As Senator Kyl said, "How could you be more likely to get a conviction in federal court when [KSM] has already asked to plead guilty to military commission?"

If you think that's rich, get this:

Graham: "If I were defending...I would argue that any questioning of my client w/o Miranda warnings would be a violation of...law."
Cornyn: "Do you acknowledge that a judge...could conclude that KSM was denied (Miranda) right and thus cannot be prosecuted?"
Holder: "I'm confident that Miranda issues" are not going to be a problem.

Holder is "confident." Great.

To paraphrase Rush: If they can be convicted in criminal court without having been Mirandized, then the precedent has been set for Americans. Heck, Pres. of the World Obama has already prejudged the case, said KSM should get the death penalty, but also told the world that KSM had been tortured. Does this mean, is torture now permitted by officials pursuing civilians accused of crime? And, if Holder keeps insisting that KSM & Co. are guilty and will be convicted, then, what if they aren't, and the U.S. Government locks KSM away anyway? What message does that send to the world, to the Muslim world, about our legal system?

So many destructive fools in this Administration, so little time to correct the damage being done to our nation, our personal rights, our freedoms.


Comments

Andy McCarthy at NRO.

It's not whether the government wins the litigation; it's whether the national security of the United States has been harmed more by having the trial than it would have been harmed by handling the detainees in a different manner.

Judging by the comments here, the KSM controversy seems to be evoking the usual thoughtful analysis from the right and childish taunts from the left.

The Right: It's unprecedented to grant full Constitutional Rights to enemy combatants in wartime and try them in civilian courts; it compromises our national security.

The Left: Oh, poor widdow wingnuts afwaid of big scawy tewwowists.

The vaunted intellectual superiority of the left my ass.

Posted by: V the K at November 18, 2009 12:00 PM


If I get on KSM's jury, I'll vote 'not guilty' to demonstrate what a sham and show trial this really will be!
Obama has already announced KSM convicted and given the death penalty. That's a technicality Bill Ayers must have helped Obama with.

BTW, given the chance and the gun, I'd splatter KSM on a wall if I had 1/2 the chance of getting away with it. So don't misunderstand me!

Posted by: Shooter1001 at November 18, 2009 12:11 PM


Makes you wonder if the guy who prosecuted Ayers said pretty much the same thing as Holder.

Posted by: Jay Guevara at November 18, 2009 12:27 PM


I really hate quoting libs from movies, but this line explains the AG & Obamaster (also the winner of the 2009 Lake WhyDontchajustjump Bass tournament and Indian taco cook off) legal reasoning behind this.


"You were sick the day they taught law at law school." Tom Cruise to Demi Moore in "A Few Good Men".

Posted by: Frank W. at November 18, 2009 12:28 PM


Holder: "I'm confident that Miranda issues" are not going to be a problem.

The idiot was confident he would with versus Heller! NOT!

Posted by: GunnyG at November 18, 2009 12:32 PM


with = win

Posted by: GunnyG at November 18, 2009 12:33 PM


The goal here, IMHO, is to show the world how high minded and law abiding we are. . . by letting this creep go. Mark my words, His "O"lliness does not want to see this guy executed.

Posted by: JustAl at November 18, 2009 12:34 PM


Posted by: JustAl at November 18, 2009 12:34 PM

What?! Are you saying our president LIED?

Posted by: coo coo ca choob at November 18, 2009 12:46 PM


none other than POTUS himself screwing up the trial:

More Obamateur Hour [Andy McCarthy]

In a meeting with the press in China, President Obama said that Khalid Sheikh Mohammed would be "convicted" and had "the death penalty applied to him" . . . and then said he wasn't "pre-judging" the case. He made the second statement after it was pointed out to him — by NBC's Chuck Todd — that the first statement would be taken as the president's interfering in the trial process. Obama said that wasn't his intention. I'm sure it wasn't — he's trying to contain the political damage caused by his decision — but that won't matter. He has given the defense its first motion that the executive branch, indeed the president himself, is tainting the jury pool. Nice work.

Posted by: joe buzz at November 18, 2009 12:49 PM


Could it be that Obama wants to put a show on trail to have more to blame Bush for? Torture and whatnot. I don't know if that's the case, but either way it is dangerous to let KSM stand trail in a civilian court during a time of war against the terrorists. Plus they wanna close Gitmo so they can do the same thing.

Why can't the left use common sense when it comes to keeping Americans SAFE? Sure, they have no common sense when it comes to the economy, values, handling crime, etc. But this is utterly important.

Posted by: Atomic Lib Smasher at November 18, 2009 12:53 PM


Uh...you all seem shocked. This is the most liberal White House in the history of the United States.

Posted by: Dante at November 18, 2009 12:59 PM


Posted by: Atomic Lib Smasher at November 18, 2009 12:53 PM

What's so special about the USA that we need to be safe? We're no better than all those other countries that have been suffering more terrorist attacks for longer than the US has. The Liberals and Statists now running the country are only being reasonable and fair, trying to level the international playing field.

Posted by: pomalom at November 18, 2009 12:59 PM


How much of a circus trial is this going to be? Civilian court without miranda rights, the judge can and sadly, should, toss the case out of court simply because of the very dangerous precedent it would make. The military comission already condemned him, yet we go to a civilian trial. Holder says he is confident, Bammie says death penalty. This is like a bad TV series, full of gaping plotholes.

Posted by: Jay B at November 18, 2009 12:59 PM


How about the fact that the trial itself is illegal, as is pursuing the death penalty?

Under the original Geneva Convention - which unlike the UN Resolution of torture, we actually signed - noncitizens captured on the battlefield can not be tried in civilian courts. Further, a prisoner of war cannot be executed for ANY reason.

Posted by: Jeremiah Legacy at November 18, 2009 1:32 PM


Jeremiah,
This POS had no uniform, and is no POW.

As for asking why the Left keeping the US safe, that is like asking why pedophiles shouldn't run day cares.

Posted by: JustAl at November 18, 2009 1:47 PM


HEY ERIC HOLDER YOU STUPID BLABBERING NINCOMPOOP IT WAS ONE OF YOUR OWN ULTRA LIBERAL PANTYWASTE JUDGES RAMSEY CLARK THAT DID THIS MIRANDA THINGY

Posted by: Spurwing Plover at November 18, 2009 1:48 PM


Not shocked Dante, just somewhat amused. I am one of those types that when a tornado warning goes off I go out and set up the lawn chair to watch. So far Comrade Obamavitch is kinda like an F4 bearing down on a large trailer park. I won't get mad till some piece of debris knocks over the beer or the bag of chips.

Posted by: Frank W. at November 18, 2009 1:59 PM


This clown, Obama, is no amateur! Everything he does has a reason and a motive. He may not have had the original idea but nothing he does is without purpose. Nobody could be as stupid as he acts like he is!
I'm not smart enough to figure out his motives but they are not for the good of America. This much I do know, Obama HATES America, that's obvious!

Posted by: Shooter1001 at November 18, 2009 2:24 PM


Eric Holder can't deliver a coherent answer out of all this bc the decision to bring KSM to NYC was made at the top by BO.
Who can't deliver a coherent answer for anything.

Posted by: Fiberal at November 18, 2009 2:32 PM


One of the posters said here months ago: "I have no choice but to attach sinister motives to anything this administration does."

At the time, I thought "well....let's see." I now feel that way as well. Everything zero does is to harm this country and the people in it.

Posted by: Karin at November 18, 2009 2:38 PM


How soon after the start of WW1, after the parades, the speeches, the euphoria, and the expectation of a short glorious war, did the reality of it all sink in and the people of Europe started thinking, "For Christ's sake make it stop!"?

One more year until we can say, "Can you hear us now?" to Congress and Mr Pres'ent.

Posted by: comet at November 18, 2009 3:14 PM


Amen Comet,
I can not even call this guy a bad dream because for all I know bad dreams may have some hidden beneficial effect.

Posted by: JustAl at November 18, 2009 3:44 PM


Posted by: JustAl at November 18, 2009 3:44 PM

Al, at least you can wake up from a bad dream.

Posted by: pomalom at November 18, 2009 5:01 PM


Uh...you all seem shocked. This is the most liberal White House in the history of the United States.

Posted by: Dante at November 18, 2009 5:14 PM


I don't think people have grasped just how bad this decision is. There is no way you can allow anything that was gathered from KSM into evidence at a civilian trial it would set a horrible precedence no matter what these idiots say, I predict the Supreme Court and all the appeals courts will throw everything out if not dismiss the case out right and the BS they are pedaling about having successful terrorist prosecution in the U.S. already is crap all those prosecutions were on people captured here in the states by the FBI or captured and turned over to the FBI and the full letter of the law Miranda, chain of evidence etc.. were followed not so with most of the GITMO bastards, there is a very good chance that KSM and the rest could walk or plea bargain a short sentence. God this Administration is really fricken stupid.

Posted by: Oldcrow at November 18, 2009 5:24 PM


Posted by: Oldcrow at November 18, 2009 5:24 PM

Not to mention, if KSM chooses to represent himself in his trial, he will have discovery, and presumably ask for lots of sensitive intel regarding his capture and interrogation... so that when he goes scott free, he'll be loaded to the gills with yet more wisdom to share with his terrorist buddies. 9/11 v 2.0 won't be too far off.

Yea, pretty fricken stooopid.

Posted by: pomalom at November 18, 2009 5:35 PM


JustAl posted:Jeremiah,
This POS had no uniform, and is no POW.

JustAl, Jeremiah was just pointing out the double standard. Holder and Obama can't try him in civilian court unless he's covered by the Geneva Convention, but they can't handle him under a military commission if he IS covered by the Geneva Convention. Since their script requires them to believe KSM is covered by Geneva, then they are in a bind. I wonder when the New York Slimes or the WaPo points this out to the general readership?

Posted by: TrickleUpPolitics at November 18, 2009 7:38 PM


I, andy 42302, Ghost of Wellstone and Burt all stand with KSM.

Posted by: Lao at November 18, 2009 8:55 PM


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