So the Obama Justice Department has decided to bring five high-profile detainees from Guantanamo Bay's Camp X-Ray to New York City to "stand trial" for their complicity in the September 11th attacks on the World Trade Center. Such folly can never withstand the scrutiny of history, for there can be no rainbow at the end of this endeavor. While I am forced to question a naive innocence on the part of the president, considering his alleged acumen in all things legal, I further lay the blame for what is to come squarely at the feet of a fawning media and an unwitting and adoring populace.
How could a president who attended Harvard Law School be stupid enough to attempt a trial of terrorists in an American civilian court? How could the same president - who as a student and president of the Harvard Law Review at that academic institution - not see the obvious pitfalls in attempting to build a winning case against Khalid Sheik Mohammed, or any of the other defendants currently making their way to New York City?
The administration is portraying this move as an exercise in poetic justice, trying these bastards for their heinous crimes against New York in the shadow of the buildings they did not manage to destroy. Those who choose to applaud this president without the slightest shred of intellectual curiosity drink up such drivel as gospel. The exercise, however, is a lose-lose-lose proposition.
If I were the attorney for KSM, I would move to have the charges immediately dismissed based on the fact that the defendant was detained without being Mirandized and was denied legal counsel. I would cite the absence of due process and the right to speedy trial by a jury of his peers. To make the sudden, lurching transition from enemy combatant to criminal defendant begs that these motions be addressed. While common sense would dictate that this line of defense would crash and burn, American courts rely more on statutes and precedents and less on emotion. Therein lies the problem.
Democratic allies of the president have hailed this move as evidence of the majesty of American juris prudence, with Patrick Leahy declaring that our fairness would be a beacon of good will toward the world. His claim that our bestowing basic rights on a deadly enemy will somehow portray us as civilized to the Nth degree is flawed, however.
These are rights reserved for American citizens and have no place in an American civilian court for illegal combatants captured in the process of fighting our troops in violation of the Geneva Conventions. Rather than standing in awe of our magnanimous judicial system, as Senator Leahy suggests, the terrorists will sneer at our hypocrisy should we try this cretin in our courts without those basic legal protections. That is the first loss.
Clearly, the only way to even have a chance at convictions will be to skirt those protections in a wave of exceptions. The appearance of fairness thus evaporates as fast as dry spit on a summer Texas sidewalk. A conviction under these conditions will bring wails of outrage from Muslims and liberals alike, which - considering the temperament of each - usually involves burning buildings, overturned vehicles and bloody citizens. Loss number two.
Once this charade begins, with the spectre of either of the previous scenarios already known to be completely unacceptable, it remains that the only other possible outcome would be for these killers to be acquitted and set free, thus completing the loss trifecta. Considering that the American Civil Liberties Union has already heralded this move, it only stands to reason that they will bring to bear the full weight of their influence to protect the "rights" of the newly declared "innocent".
A president so well versed in the law should be painfully aware of the myriad cases in our courts where the obviously guilty are set free due to simple procedural errors. This trial will begin as one big error, and even the most hardcore of patriotic judges will have little leeway for discretion.
Friday, November 13, 2009
Misguided Justice
Monday, March 30, 2009
Barack The Benevolent
If it weren't so terrifying it would be funny, this new administration and its machinations. I distinctly remember liberals shrieking at every move the Bush administration made as bringing us a step closer to a dictatorship, yet they seem to have no qualms whatsoever with what the brand new administration has been doing.
To the best of my knowledge, this is the first time in U.S. history that the CEO of a corporation has been ousted by the president of the United States. General Motors chairman Rick Wagoner has been ordered to leave his post by Obama, something which should be cause for extreme alarm in any American. It's not, though, because too many people have bought into the class envy successfully perpetrated by liberal politicians. They believe that the federal government has the right to meddle in private business affairs by virtue of the money being doled out like so much candy at a day care center.
So it is with great irony that these same people, blinded to reality by their Obama-lust, do not see the intrinsic encroachment of liberty that is inevitable with such practices. If the federal government can hand out money to corporations and then lord over them absolutely, it is certain that when it pays for an individuals health care it will also own the individual and every decision he makes. And yet, this is what they clamor for anyway despite the obvious dangers.
Speaking of danger, we may soon have some new neighbors, courtesy of the benevolence of Obama. This will be a great opportunity for all those who wailed about the rights of Guantanamo detainees to welcome them into their communities when Obama releases them on U.S. soil. After all, they have never been charged with a crime, so just the fact that they were captured in the process of fighting U.S. soldiers should be no cause for worry. I'm sure they're very nice people, nothing like the others who have previously been released and subsequently recaptured as al-Qaeda operatives.
In fact, not content with merely setting them free, the president feels that they will need public assistance once released in America, which could explain why that "tax cut for 95% of working Americans" was taken out of his budget. If anyone can afford it, will you please bake a cake for the welcoming committee to deliver?