American Elephants

And Obama’s Words, Tripping Him Up. by The Elephant's Child
November 27, 2009, 9:46 pm
Filed under: Law, National Security, Politics, Terrorism | Tags: , ,

Obama demands military trial for KSM

But that was then and this is now.  Do they not understand the dangers and the consequences, or do they just not care?


3 Comments so far
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That was then and this now? Has morality changed? Are right and wrong now different? The consequences? What you mean is, Republicans are AFRAID to do what is right.


Comment by helenl

You seem to be confused Helen. It is OBAMA’s morality that has changed. He said military tribunals were right and just back then, just as they have always been. They were right and just for Nazis in WWII, just as our nation has ALWAYS said they are right and just for both prisoners of war and terrorists.

Now he says that “justice” requires that we try SOME terrorists in civilian court…even though most are still going to have military tribunals.

Are you saying Obama is unjust? You should be. His position is inconsistent with both yours and even his own.

Or could it be that he has simply politicized this issue, as he has politicized the entire justice department, and indeed, the entire federal government.

Republicans have been doing what is right all along, Helen — upholding justice while ensuring national security with less loss of liberty than ANY Democrat administration in our nation’s history. And Obama just confirms the justness of Republican policy by keeping military tribunals for most terrorists.

Democrats, on the other hand, put playing politics ahead of everything — including national security and innocent people’s lives — but that’s certainly nothing new for your shameful party.


Comment by American Elephant

Helen, You misunderstand the situation. There is no issue of morality nor right and wrong. Mr. Obama was right in the first place. Kahlid Sheikh Mohammed is an enemy combatant. The Geneva Conventions distinguish very clearly between prisoners of war and enemy combatants. The reason for that is to protect our own soldiers by insisting that they follow the rules of war and set forth rules on how they will be treated if they are captured. We treat prisoners-of-war according to the rules. And it tells other fighters that if they want to be treated like prisoners of war, they’d best follow the rules.

Military commissions are just as subject to the rule of law as civilian courts are. The differences rest in the recognition of war and the battlefield. To simplify, if someone is shot in civilian life, the shooter has committed a crime. If someone is shot in battle and captured, he is lucky he wasn’t killed and the shooter has not committed a crime. It is, of course, more complicated than that.

Trying KSM in a civilian court in New York first of all paints a very large target directly on New York City. Al Qaeda would consider striking New York while the trial is on as a coup. Nearly 3000 innocent civilians dead are not enough for you? New York police say they can handle it, though that is dubious and terrorists only have to get lucky once.

Finding an unbiased jury will be nigh impossible, which may cause a change of venue. The trial will be a circus–lawyers for KSM have already promised that, and it will take years–in the media capital of the world. Terrorism is about violence and theater, and we are providing an unlimited venue for terrorist propaganda and theater. President Obama and Atty.Gen. Holder have already compromised the trial by declaring to the world that KSM is guilty and will receive the death penalty.

Mohammed and the others were captured overseas while directly involved in active hostilities and are not entitled to be treated as citizens are. The discovery process in a civilian trial opens military secrets to terrorists. Lynn Stewart is now in prison for passing on information from the discovery process of Sheik Rahman’s trial on to his terrorist followers in Egypt. This is not, nor should it be, a partisan issue but something where the full consequences need to be considered and understood. In this case the administration is playing to a European mindset for political purposes, and to hell with the consequences.


Comment by The Elephant's Child

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