Irresponsible, unnecessary, reckless and political

I really try not to write about politics on this blog, but the Attorney General's decision to give Khalid Sheik Mohammed and his fellow terrorists a civilian trial in New York City just blocks from Ground Zero has had me infuriated for days. 

Charles Krauthammer on the Travesty in New York

For late-19th-century anarchists, terrorism was the "propaganda of the deed." And the most successful propaganda-by-deed in history was 9/11 -- not just the most destructive, but the most spectacular and telegenic.

And now its self-proclaimed architect, Khalid Sheik Mohammed, has been given by the Obama administration a civilian trial in New York. Just as the memory fades, 9/11 has been granted a second life -- and KSM, a second act: "9/11, The Director's Cut," narration by KSM.

September 11, 2001 had to speak for itself. A decade later, the deed will be given voice. KSM has gratuitously been presented with the greatest propaganda platform imaginable -- a civilian trial in the media capital of the world -- from which to proclaim the glory of jihad and the criminality of infidel America.
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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.
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Moreover, the incentive offered any jihadi is as irresistible as it is perverse: Kill as many civilians as possible on American soil and Holder will give you Miranda rights, a lawyer, a propaganda platform -- everything but your own blog.

I was shocked to see that Attorney General Holder never seemed to have considered precedent which is the first thing any law school student learns.  Lindsey Graham asks "If Bin Laden were captured today would we have to read him his Miranda rights at the moment of capture?" 

Andrew McCarthy is the go-to guy to read when it comes to criminal trials for terrorists.  He is the former Assistant United States Attorney who in 1995 prosecuted Sheik Omar Abdel Rahman and 11 others for the 1993 bombing of World Trade Center bombing and this is what he has to say

The decision to bring Khalid Sheikh Mohammed and four other top al-Qaeda terrorists to New York City for a civilian trial is one of the most irresponsible ever made by a presidential administration. That it is motivated by politics could not be more obvious. That it spells unprecedented danger for our security will soon become obvious.
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Pres. Barack Obama and Attorney General Eric Holder, experienced litigators, fully realize that in civilian court, the Qaeda quintet can and will demand discovery of mountains of government intelligence. They will demand disclosures about investigative tactics; the methods and sources by which intelligence has been obtained; the witnesses from the intelligence community, the military, and law enforcement who interrogated witnesses, conducted searches, secretly intercepted enemy communications, and employed other investigative techniques. They will attempt to compel testimony from officials who formulated U.S. counterterrorism strategy, in addition to U.S. and foreign intelligence officers. As civilian “defendants,” these war criminals will put Bush-era counterterrorism tactics under the brightest public spotlight in American legal history.

This is Justice Delayed by "Holder's friends in the al-Qaeda bar that caused the trial delays he now criticizes."

It is mind-boggling that the delay in completing commission trials would be derided by Eric Holder, a lawyer whose firm is among those responsible for the litigation-driven delay that became a lawfare triumph for al-Qaeda. Holder and his comrades did everything they could do to undermine the commission system, both in legal motions and in public appearances accusing the Bush administration of torture, war crimes, and disregard for the legal rights of terrorists.

And exactly when would Holder have had Khalid Sheikh Mohammed be tried? We did not gain custody of him until his capture by the Pakstanis in 2003. After that, years were taken to break him in our attempt to extract the full breadth of his knowledge of al-Qaeda’s players and plans, and to exploit that intelligence to save lives. KSM was submitted to a military commission in 2006 — shortly after Holder’s colleagues in the al-Qaeda bar got the commission system invalidated in Hamdan.

Yet, within two years (i.e., in less time than most civilian terrorism cases), KSM and four fellow war criminals stood ready to plead guilty and proceed to execution. But then the Obama administration blew into Washington. Want to talk about delay? Obama shut down the commission despite the jihadists’ efforts to conclude it by pleading guilty. Obama’s team permitted no movement on the case for eleven months and now has torpedoed a perfectly valid commission case — despite keeping the commission system for other cases — so that we can instead endure an incredibly expensive and burdensome civilian trial that will take years to complete.

The KSM were "ready to plead guilty and proceed to execution".    Americans, especially New Yorkers, deserve more than this irresponsible, unnecessary, reckless and political show trial proposed by this Administration.