Why try Mohammed in New York court?
Editor:
Are we seeing another slight of hand? It seems to me that the attorney general, obviously with the pleasure of the president, is laying the groundwork to free Khalid Sheikh Mohammed. Why else would this learned lawyer proceed with the plan to bring this terrorist (excuse me — this alleged purveyor of man-made disaster) to New York for civil trial within the purview of American constitutional rights?
Let’s see, from a non-attorney perspective: Up front he has the right to disclosure to review all the evidence, potentially including classified and sensitive intelligence information. His confession will no doubt be thrown out because of the water-boarding incident, never mind that it likely saved numerous other lives. Of course he will invoke the Fifth Amendment and say no more. The whole case could be dismissed, as the timing has clearly ignored the Sixth Amendment. One can’t help but wonder if a warrant had been issued per the Fourth Amendment for his arrest But if it survives that challenge, then where in New York City are you going to find an impartial jury, much less one of his peers? Don’t forget, under U.S. law, he is innocent until proven guilty and I suspect a unanimous decision is required as it is a capital case (maybe that is why they will want a “peer” or two on the jury).
Of course, you and I, the taxpayers, are going to foot the bill for his court lawyer, who will be able to retire after this predictably long preparation and trial. If the judge declares a mistrial the whole game goes on again.
If our prosecutors are actually able to surmount all those problems and get a surprising verdict, the appeal process leaps, which could easily go through the levels to the Supreme Court given the constitutional questions. More lawyers would have the opportunity to retire, thanks to us folks.
The outcome of this legal maneuvering is so obvious, I can’t help but wonder why they are even making the effort. Why not just give him a first-class ticket on Afghani Airlines and save a lot of people’s time and money?
David Copperfield is probably jealous of the slickness of this maneuver by our administration to placate the family of terrorists — oops again, discontented members of you know who. All the while, believing the American sheep would accept the obvious and not see the scam. Sorry, not this time.
Ed Mishou
Brownsville
Via the Internet


