Celebrating 9/11 Trial Decision - Holder Lights Loaded Cigar For Obama
NEWS ANALYSIS:
By Mark R. Drong
While the decision by Attorney General Eric Holder to prosecute five co-conspirators for the 9/11 attacks in a civilian court setting in New York City is yet another example of questionable judgment by this young Administration, it may prove to be the move which ultimately topples the Obama Presidency.
Announced last week, a Federal Courthouse in Lower Manhattan has been slated as venue for the trial. It is reportedly just blocks from where the World Trade Towers were leveled and 3,000 Americans were killed. The decision will allow for terror suspects to be within “sight” distance as they enter and exit the courthouse for trial – allowing themselves and the rest of the extremist Muslim world to reminisce and relive their greatest hour of jihad against the Western World.
On Capitol Hill to answer questions before the Senate Judiciary Committee, Holder defended his decision saying New York was “the venue in which we were most likely to obtain justice for the American people . . . we are finally taking ultimate steps toward justice. That is why I made this decision.”
The decision is certainly a controversial one considering rules of evidence. For prosecutions in Federal Court, the rules dictate that evidence obtained by defendants who have not been given Miranda rights or whose statements were obtained through coercion will not be admitted. The rules for trial before military commissions (where five other defendants have been referred) are not as stringent.
Sen. Jon Kyl, (R-Ariz.), pointedly asked Holder to explain how a civilian trial would be the best option, considering Mohammed had previously sought to plead guilty before a military commission. “How can you be more likely to get a conviction in a (civilian) court than that?” Kyl challenged with applause from several in attendance. Holder defended his decision stating that the process would not be based “on the whims or the desires of Khalid Sheikh Mohammed. He said, “He will not select the prosecution venue. I will.”
In a confrontational exchange with Senator Lindsey Graham (R-SC), Holder was asked if he could cite “a case in United States history where an enemy combatant caught on a battlefield was tried in civilian court?” As Holder took several moments to think, Graham said “We’re making history here . . . the answer is no.”
Holder’s lack of knowledge on the subject is troubling. As our Nation’s Top Legal Decision-maker, would it not have been prudent, if not beneficial to fully know and understand similar decisions in U.S. history for like cases? Unfortunately, this young Administration has developed a habit of “winging it,” - giving little credence to past history and cultural norms, and instead choosing defiantly to write its own history.
Graham continued to hammer his point expressing deep reservations that precedent is being set. “The big problem I have is that you’re criminalizing the war,” Graham said. “What would you tell the military commander who captured (Osama Bin Laden)? Would you tell him you must read him his rights and give him a lawyer?” Graham said that the country will be “less safe” if every enemy combatant who seeks to destroy us is afforded the same liberties and constitutional rights of American citizens.
While most Democratic Senators back the decision, it is a huge gamble. Critics speculate the decision is a political one – designed to openly condemn further the actions of the Bush Administration & members of our Intelligence Communities. And while Democratic factions may be chomping at the bit for such an opportunity, it is clear that Holder and the Obama Admin. may not be counting the costs.
Speaking of costs, Senator Chuck Schumer (D- NY) said that a “rough estimate” from the City places the number at $75 - $100 million which includes the added security necessary to keep New Yorkers safe.
Schumer’s point is well taken. The courtroom as well as the courthouse steps & sidewalks outside may be strewn with Civil Rights protestors from groups like the ACLU, Anti-War protestors like Code Pink, the Bush-haters will certainly turn out and there will undoubtedly be pro-Muslim groups represented.
The volatile mixture of raw emotion from these diverse groups seeking different ends will likely simmer to a boiling point throughout the trial causing division, suspicion and conflict. This can only be a recipe for disaster – the mere thought of which must sound like nails on a chalkboard to New York City Mayor Michael Bloomberg, especially when the alternative could have been a guarded military proceeding in a secure location, miles from the general public.
Beyond monetary costs, there is the concern that justice might be thwarted due to rules of evidence in our Federal Court. One can only imagine the sheer horror and agony ahead for this country should terror suspects somehow get acquitted or possibly convicted of lesser charges because our civilian court did not consider all of the evidence against them (due to the Miranda & coercion concerns mentioned above). Reflecting back on the OJ Simpson Trial, we all know that anything can happen in court where 12 jurors from distinctly different backgrounds are asked to decide a case.
Holder may be underestimating other factors as well, including public opinion. As the trial drags on for many months, Americans will watch live or listen to reports daily on the evening news as attorneys for defendants seek to introduce evidence of misconduct by the CIA, the Military, & the Bush Administration. Their objective will be to garnering sympathy for the supposed-innocent Muslims whose rights were violated as they were subjected to unprecedented torture.
And while Americans are forced to relive the horrors of the 9/11 attacks and the deaths of thousands of loved ones, the actual point of the trial will become obscure. And that point is – to provide justice for the victims, their families, and every true-blooded American who hold their freedoms high and dear, refusing to be subjected to the tyranny of Muslim Extremists.
Holder and his boss may not see it now, but the victory stogie they are about to light – may just blow up in their faces like a clown’s loaded cigar. As allegations of misconduct are levied against the US, the CIA, the Military and the Bush Administration, Anti-American sentiment will be at an all-time high on center-stage both in this country and in the world. And at that time, the Democrats will pay a huge price as Public Opinion backlash will be targeted against them – the Party in control – the Decision-Makers who sanctioned this Grand Illusion. For all of Obama’s talk and efforts to elevate world opinion of America, this certainly cannot be a good thing. And if the terror suspects are acquitted . . . .
Even if they are convicted, what this country needs today is not more Bush-Bashing. “Bush Stole the Election – Al Cried; Bush Lied – Saddam died; Bush is a very bad man.” Yeah, we get it already - but isn’t that ohhh sooo 2000-ish? It’s old news, Prez - What happened to CHANGE?
The last thing America needs is more partisan finger-pointing. What we need are solutions and someone who will listen. Unfortunately the problem with the Obama Administration is that they just don’t hear the American people. And THIS fact may be exactly what brings down Pres. Obama and the Democrats.
Last January, our brilliant Senators passed a $787 Billion Stimulus Package – which none of them ever read. Is anyone really shocked that unemployment is at record levels & our economy is in the tank? Then Americans watched as our government borrowed Billions of Dollars more to Financial Institutions and Auto Manufacturers – only to learn later CEOs & other executives took million-dollar bonuses with “our” money.
Whether it’s Wall Street CEO’s & Bankers, the Automobile Unions, the Trial Lawyers, there seems to be no end to the Special-interest groups lining up to receive paybacks, kick-backs and greenbacks. And the only special interest group who matters – the American People – we get the backs of our Representatives hands as they slap us and tell us that they know what’s best! Really? Hey guys, where are the jobs? But Americans are waking up!
Yeah, the circus is coming to town in New York City compliments of Atty. General Holder & His Boss. But that may be a good thing. As millions and millions of unemployed Americans look for things to do with their time – free entertainment is always a plus. Better yet, grab some popcorn. We may all have front row seats to the self-destruction of the Democratic Party.
Copyright 2009 By Mark R. Drong