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Militant Islam Monitor > Articles > Team Obama's Indefensible Decision To Try GITMO Terrorists in NY Federal Court

Team Obama's Indefensible Decision To Try GITMO Terrorists in NY Federal Court

November 14, 2009

Team Obama's Indefensible Decision To Try GITMO Terrorists In NY Federal Court


November 13, 2009 - San Francisco, CA - PipeLineNews.org - At this point, less than a quarter into this sorry administration's first and hopefully, last term, it's getting increasingly difficult to summon the amount of outrage any of its actions might seem to demand, no matter how egregious the offense might be...the supply of bile and angst allotted to each individual being finite.

Be that as it may, today's announcement by the U.S. Justice Dept. that it would bring Khalid Sheikh Mohammed [KSM] and four of his brethren to New York to stand trial in federal court, afforded the same rights as any American citizen, represents a threat that justifiably can be called existential to this republic.

What could possibly motivate Obama to make such a move? Doesn't he have enough problems on his plate already without opening what might prove to be the mother of all cans of worms?

As is usually the case, when Andy McCarthy [the former federal prosecutor who put away the "Blind Sheikh" Omar Abdel Rahman, the spiritual leader of the first (1993) plot to bomb the World Trade Center] weighs in on topics concerning terrorism he invariably provides a level of insight only available to those who have in the trenches with the jihadis.

McCarthy reasons that the DOJ's decision is all about paying deference to the hard left [with whom both Holder and Obama are ideologically aligned] by eschewing the military tribunal proceeding [where KSM and his cohorts were ready to plead guilty] and instead treating the terrorists as if they had been caught holding up your corner 7-11, rather than having planned and executed an act of war which killed 3,000 Americans.

"So: We are now going to have a trial that never had to happen for defendants who have no defense. And when defendants have no defense for their own actions, there is only one thing for their lawyers to do: put the government on trial in hopes of getting the jury (and the media) spun up over government errors, abuses and incompetence. That is what is going to happen in the trial of KSM et al. It will be a soapbox for al-Qaeda's case against America. Since that will be their "defense," the defendants will demand every bit of information they can get about interrogations, renditions, secret prisons, undercover operations targeting Muslims and mosques, etc., and - depending on what judge catches the case - they are likely to be given a lot of it. The administration will be able to claim that the judge, not the administration, is responsible for the exposure of our defense secrets. And the circus will be played out for all to see in the middle of the war" [source, Holder's Hidden Agenda, http://corner.nationalreview.com]

What could be better for the most committed leftist administration in American history, than to have the opportunity to not only expose the government to an onerous and extraordinarily dangerous discovery process managed by attorneys acting on behalf of self-confessed terrorists, and then have that information showcased in what will become perhaps the most watched circus trial of any recent century, knowing that information will reverberate throughout Europe, feeding the various legal proceedings which are already well in motion against former Bush administration officials?

The prospect of having the United States' most confidential national security information, techniques and identity of human assets splattered all over the front pages of the NY Times in this manner is unimaginably injurious. So too, the very real possibility that [despite Holder's claim that he will seek the death penalty] some of the worst terrorists on the planet might avoid conviction altogether and be set free, if only because U.S. intelligence [rightly] might choose not play ball, refusing to disclose vital security information, regardless of its effect on the trial's outcome.

Consider the James Yee non-prosecution for further elaboration on this strategy.

Furthermore, since these members of the GITMO fraternity of Islamic terror were gathered-up as part of a military action, a hot war, they were not afforded, nor should they have been, any of the due process considerations which are demanded in civilian settings.

Specifically KSM was interrogated roughly [it was adamantly not torture, water boarded only once, not 183 times as the 'Net rumor mill suggests] in a manner befitting [he deserved far harsher treatment, but he was a cream-puff and cracked immediately] his actions and the continuing threat he represents, a fact which in itself will make conviction extremely dicey in that you can't treat civilians in that manner, ever.

This is of course why animals like KSM don't belong in the civilian courts.

The next point is critical.

As Mr. McCarthy explains, what gives the lie to the reasoning the administration has put forward in this case, deciding to move the prosecution out of the purview of the military, is that for all intents and purposes KSM & Co. could already have been found guilty in a military setting, taken out of the court room, lined up against a wall and machine gunned.

Justice delayed, but justice rendered.

However Obama and Holder are refusing to take that route because they and their ACLU accomplice's contempt for America's founding principles would not be satiated with anything less than the now inevitable upcoming public bloodletting.

If today's announcement [the bad news from DC always comes on Friday] isn't enough to motivate what few sage heads remain, that extraordinary actions must be taken to stop the Obama/Democrat/ACLU/Soros bund in its tracks, we will only have ourselves to blame.


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