What A Trial This Trial Seems To Be

There is  a very controversial trial scheduled for New York City. It involves people ,one in particular,Khalid Sheikh Mohammed, who were involved in the masterminding of the 9-11 attacks. Many people have weighed in on the fact that the trial is being held in lower Manhattan, not far from Ground Zero itself. There have quite cogent arguments both for and against this particular decision. But there are so many elements of this decision worth discussing no matter what one thinks of the locale.

The Attorney General, Eric Holder said it was his decision and he informed the President as he was flying to China. He further said that he discussed it with his wife and his brother who is a retired Port Authority officer and lost friends in the attacks. He told Jim Lehrer that he told Obama of his decision, not that he consulted with him. I’m sorry, just not buying that one even though David Axelrod backed it up. Trying for a little plausible  deniability it seems.

Second item that is generating concern. The decision has been made to employ civilian over military courts. I read comments that compare this trial to Nuremberg and how  those  trials  did not advance the cause of the accused and thus this trial will not. Problem, WWII was over and those trials were military tribunals. This little insight may be telling in that regard. Homeland Security Secretary Napolitano says 9/11 type attacks should be condidered”man cused disasters ,” what ever that means.This backs up the Attorney General’s position nicely.

Finally, and bear in mind that the trial will occur at some future date, listen to the President(himself a lawyer) answer a query from NBC’S  Chuck Todd about concernS  over the legal rights the defendants are getting. Read it carefully. ” I don’t think it will be  offensive at all when he’s convicted and the death penalty is applied to him.”  That is a stronger guarantee than Joe Namath made when he promised a Super Bowl win way back in 1969.

Ok, to his credit Todd had a great follow-up. He said that using a civilian court over a military one was a way to show the fairness of our legal system. Now, you have just said he’s going to be convicted and given the death sentence. Ole Chuck is getting real close to losing White House access. Now, the President fires back.” Look, what I said was that people will not be offended if  that’s the outcome. I’m not prejudging it.” Only one problem with those last 2 sentences. They are wrong. Not being a well-trained legal mind, I cannot be certain. But, has he not poisoned the case? Must not have had TOTUS  close by.

This trial will be  a doozy.