I try hard to stay away from the topics of law and foreign policy. A wise man knows his strengths and weaknesses. I’ve been through several law classes in my endless collegiate career and my grades in those classes never revealed legal genius. Despite my better judgment, I’m going to jump right into both subjects in the same post. With all the analysis and discussion over KSM being tried in NYC, I couldn’t let the subject pass without a few sage words. In short, many are missing the most important paradigm being established in the White House’s recent move (you can read the foolishness here and here)
The arguments for a civilian trial has been regurgitating from the left for years. I believe the following letter to the editor in a NJ paper sums up the standard leftist argument:
“Dismiss any of the hogwash people are spewing that bringing Khalid Sheikh Mohammed, the self-described mastermind of the horrific 9/11 attacks, and four other Guantánamo detainees to trial in New York is foolish. The overdue legal proceedings are an opportunity to showcase America at its best.
Our justice system is built on the bedrocks of due process and rule of law, which sadly have been put aside for terrorist suspects languishing for years in Gitmo. It’s time to bring those principles front and center again.”
Doesn’t it just fill you with warm, fuzzy feelings of America? There is always some meany to cut down to size or some victim to be saved, but this kind of rhetoric from the leftist machinery is a charade for the simple. I have always enjoyed how arguments from the left come rapped in pretty, pink bows, while inside the box is a totally different beast. So let’s open the box and take a look at the monster we have been regifted.
The cold, hard reality is that the upcoming KSM trial will be an exhausting mockery of our constitution and the whole world will be watching it. Are we going to throw out evidence, because KSM was not read Miranda Rights? Are we going to allow evidence not obtained through the specific due processes established over 200 years of case law? What would be the appropriate jury of peers, certainly not 12 US citizens? Was a warrant issued for KSM’s detention? How could a judge even consider hearing the case of a man who was not indicted timely? These are the procedures and rights provided by the constitution in civil trials. Is the left now demanding that these rights be subverted?
The hypocrisy of the left can be exposed in a simple question. Under what circumstances, do we exonerate KSM? If we are going to subvert all the procedural rights granted under the constitution, then you are making a mockery of yourself and the constitution. Many in Obama’s administration have all but assured that these procedural constitutional land mines would not be countenanced by the judge hearing the trial. What we are guaranteed is a show trial, which by definition is both unconstitutional and a horrific example of America at its worst (not best as the author above has opined).
I have no doubt that there are many well intentioned people that buy into the argument presented by the left above. That is why the Obama administration has wrapped the constitution wrecking ball KSM trail in flowery wrapping paper for the masses, a clever ruse indeed. The lapdog media is sure to follow suit. You on the other hand, shouldn’t.
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And So it Goes in Shreveport: "It is a presidential decision—one about the hard, ever-present trade-off between civil liberties and national security."