In KSM trial, politics - not precedent - rules

Visit our News page In KSM Trial, Politics—Not Precedent—Rules by Guy Rodgers, Executive Director www.actforamerica.org Criticism and outrage continues to grow over Attorney General Eric Holder’s decision to try 9/11 mastermind Khalid Sheikh Mohammed (KSM) in a criminal court in New York. Joining the chorus of criticism is the former Chairman of the 9/11 Commission (see story below). Last week, a “teachable moment” (to quote President Obama) occurred when Mr. Holder appeared before the Senate Judiciary Committee. Senator Lindsey Graham asked Mr. Holder if he could cite one prior case where an enemy combatant the likes of KSM had been tried in a criminal court. I watched Mr. Holder’s response. (You can too by clicking here.) You would think he would have researched this prior to making his decision. You would think there was some precedent to justify this outrageous decision. You would think he would have been prepared to answer such an obvious question. Instead, Holder stammered, hemmed and hawed. This was the proverbial “deer caught in the headlights” moment. Holder could only muster a tepid response that he would “have to look at that.” (In other words, he hadn’t!) Senator Graham stepped in and informed Mr. Holder that there is not a single case precedent for the decision to try Mohammed in a criminal court. Not one. What’s more, Sen. Graham proceeded to ask Holder if he would try Osama bin Laden in a criminal court. Holder’s response was to evade and dodge giving a definitive answer. There is no legal or logical justification for Holder’s decision to try Khalid Sheikh Mohammed in criminal court. So what is driving it? The only answer I can conclude is the Obama administration’s political agenda. They want to “show the world” that we can conduct this case in a criminal court (a sentiment echoed by many Democrats on the Judiciary Committee during Holder’s appearance). This begs the question: Why are we putting what the world thinks ahead of what’s in our national interest? They are also playing to the politically correct, blame-America-first crowd that is quick to find fault with anything America does while excusing and rationalizing the cruelty and brutality of our enemies. In other words, Holder’s decision was not based on legal precedent, sound legal reasoning, good policy, or what’s good for the country. It was based on politics. Former 9/11 Commission Chairman Criticizes Plan for New York Trial by FOXNews.com http://www.foxnews.com/politics/2009/11/17/commission-chairman-criticizes-plan-new-york-trial/ In this 2004 file photo, Thomas Kean is seen testifying on Capitol Hill. (AP Photo) Thomas Kean, in his first public comments on the matter, criticizes Attorney General Eric Holder's decision to bring Sept. 11 defendants into civilian federal court, saying the trial would help Khalid Sheikh Mohammed fulfill his dreams of martyrdom in the eyes of the Muslim world. The decision to bring Khalid Sheikh Mohammed and four other alleged Sept. 11 conspirators to New York City for trial will only give the self-professed mastermind of the attacks the platform for "propaganda" that he wants, the chairman of the 9/11 Commission said Tuesday. Thomas Kean, in his first public comments on the matter, criticized Attorney General Eric Holder's decision to bring the defendants into civilian federal court, saying the trial would help Mohammed fulfill his dreams of martyrdom in the eyes of the Muslim world. "I worry a little bit about the decision, because it's what Khalid Sheikh Mohammed wants. I mean, he wants a forum," Kean told WNYC radio. "I think he wants to be a martyr, so I think he's going to use the trial as propaganda ... and I think he wants to be Che Guevara or something like that. He's going to try to be a hero to the Muslim world." Kean, a former Republican governor of New Jersey, joins a slew of other officials expressing concern about the decision. New York Gov. David Paterson, a Democrat, said he would not have moved the suspects to New York for trial, while former New York Mayor Rudy Giuliani, a Republican, told "Fox News Sunday" that the move would only grant Mohammed's "wish." Meanwhile, Holder defended his decision Tuesday, saying his team reviewed the potential downsides for such a trial but determined federal court was the best place to prosecute the suspects. Holder said he's confident the cases will be "successful." On the same radio show with Kean, fellow 9/11 Commission member Richard Ben-Veniste backed up Holder's choice. "This is a crime that warrants prosecution, and the American justice system is up to the task," he said. . ------------------------------------------------------------------------------------------- ACT for America P.O. Box 12765 Pensacola, FL 32591 www.actforamerica.org ACT for America is an issues advocacy organization dedicated to effectively organizing and mobilizing the most powerful grassroots citizen action network in America, a grassroots network committed to informed and coordinated civic action that will lead to public policies that promote America’s national security and the defense of American democratic values against the assault of radical Islam. We are only as strong as our supporters, and your volunteer and financial support is essential to our success. Thank you for helping us make America safer and more secure. 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