Monday, November 30, 2009

Trying terrorists

There's been a decision that certain people being held at the prison at the US Naval base at Guantanamo Bay, Cuba will be tried in a criminal proceeding in Federal court in New York. By "certain people" I mean, of course, Khalid Sheikh Mohammed who will reportedly be tried for the little matter of conspiracy to ram airplanes into buildings on US territory in September, 2001 which he, reportedly, admitted to while incarcerated.

Recent news reports state he will plead "not guilty". The President and Attorney General of the United States have expressed confidence that he will be convicted and either incarcerated for the rest of his life or put to death.

Now, I am not a lawyer (I know a few lawyers, but that's neither here nor there) and have no special knowledge of the law. Most of what I know of the law comes from what I read in the newspapers and from a high school civics class. However, here are some measures I expect the defense to take:
  1. Argue for a change of venue on the basis that they can't possibly get a fair trial there in the former shadow of the World Trade Center.
  2. Argue that the US has no jurisdiction over a foreign national performing acts in a foreign country.
  3. Demand that all statements collected from the defendant before being read his rights under the US Constitution be suppressed.
  4. Call as witnesses as many people who were on staff at the Guantanamo Bay prison as possible to discuss the conditions at the prison and how the defendant was treated. Following this, the defense will state that any evidence collected at the prison either from the defendant or from other prisoners is hopelessly compromised and demand it be suppressed. The defense may suggest that charges be pressed against the personnel of Guantanamo.
  5. Call as witnesses the policemen in Pakistan who captured and detained the defendant in order to prove that at every step of the way he was abused and mistreated.
  6. Call for a complete examination of every Truther conspiracy theory, the goal being to shift the blame from the defendant to, well, anyone. Israelis, CIA, Cubans, little green men - all will get their day in court. Perhaps even Pat Robertson's statement that this was God's retribution for tolerating homosexuals and Ward Churchill's essay that the "little Eichmanns" had it coming will get brought into the mix.
And if all that fails and it appears they can't shed responsibility, the defendant will claim to be a soldier in asymmetric warfare fighting back with the only weapons at his disposal and, thus, not subject to one nation's criminal courts. Did the US try Tojo in criminal court? Hirohito? Goering? Mussolini (well, maybe that's a bad example)? And was he not, based on his view of American foreign policy, justified in striking back at the oppressor?

Circus, anyone?

1 comments:

  1. More than that, the President and Attorney General have already announced that he will be convicted and that "failure is not an option" (ugh, how dare a politician sully that phrase by speaking it).

    So if he's convicted, he and his buddies in the jihad (and everywhere else) will say that American justice is a fraud and a sham and that he was subjected to a show trial, and they will hate and despise us more than before (if that is possible), whereas if he is acquitted, he and his buddies in the jihad (and everywhere else) will rub their hands together gleefully and plot further attacks, having established that they will not be punished.

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