Wednesday, November 18, 2009

How Hard Will It Be to Convict Khalid Sheikh Mohammed?

by Dan Miller

Khalid Sheikh Mohammed and four co-conspirators detained at Gitmo are to face trial in a federal district court in New York City, where the death penalty may be sought. They had been facing trial by a military commission at Gitmo, but President Obama decided that he would prefer that the trial be in a civilian court.

U.S. Attorney General Eric Holder expressed confidence that the cases were strong, and said the trials would not be impaired by the harsh interrogations of Mohammed and others:

I am confident in the ability of our courts to provide these defendants a fair trial, just as they have for over 200 years. I am quite confident that the outcomes in these cases will be successful ones.

President Obama (now known with affection in China as “Oba Mao”) said:

I am absolutely convinced that Khalid Sheikh Mohammed will be subject to the most exacting demands of justice.

I doubt it.

David Horowitz and others argue that the decision is a horrendous one. He observes:

The decision to try the jihadists in a civilian court is also a decision which will divulge America’s security secrets to the enemy since civilian courts afford defendants the right of discovery. It is also a propaganda gift to Islamic murderers who will turn the courtroom into a media circus to promote their hatred against the Great Satan.

I agree — but trial by military commission might not be much more satisfactory.

In Hamdan v. Rumsfeld, with the majority opinion written by Justice Stevens, a quite divided Supreme Court held that “the military commission convened to try Hamdan lacks power to proceed because its structure and procedures violate both the UCMJ and the Geneva Conventions.” Hamdan did not involve the current military commission procedures, which became law on October 17, 2006 — in response to Hamdan.

Among the problems was that the defendant was not entitled to see all of the evidence presented against him:

That the Government has a compelling interest in denying Hamdan access to certain sensitive information is not doubted. Cf. post, at 47-48 (Thomas, J., dissenting). But, at least absent express statutory provision to the contrary, information used to convict a person of a crime must be disclosed to him.

There were multiple other deficiencies as well, including the lack of adequate review procedures. The majority opinion concluded:

We have assumed, as we must, that the allegations made in the Government’s charge against Hamdan are true.

We have assumed, moreover, the truth of the message implicit in that charge — viz., that Hamdan is a dangerous individual whose beliefs, if acted upon, would cause great harm and even death to innocent civilians, and who would act upon those beliefs if given the opportunity.

It bears emphasizing that Hamdan does not challenge, and we do not today address, the Government’s power to detain him for the duration of active hostilities in order to prevent such harm. But in undertaking to try Hamdan and subject him to criminal punishment, the Executive is bound to comply with the Rule of Law that prevails in this jurisdiction.

More at Pajamas Media

Blog Archive

FEEDJIT Live Traffic Feed


Copyright Muslims Against Sharia 2008. All rights reserved. E-mail: info AT
Stop Honorcide!

Latest Recipients of
The Dhimmi Award
Dr. Phil
George Casey

The Dhimmi Award

Previous Recipients of
The Dhimmi Award

Latest Recipient of the
World-Class Hypocrite Award
Mainstream Media

World-Class Hypocrite Award

Previous Recipients of the
World-Class Hypocrite Award

Latest Recipient of the
MASH Award
Dr. Arash Hejazi

MASH Award

Previous Recipients of the
MASH Award

Latest Recipient of the
Yellow Rag Award

Yellow Rag Award

Previous Recipients of the
Yellow Rag Award

Latest Recipient of
The Face of Evil Award
Nidal Malik Hasan

The Face of Evil Award

Previous Recipients of
The Face of Evil Award

Latest Recipients of the
Distinguished Islamofascist Award

Distinguished Islamofascist Award

Previous Recipients of the
Distinguished Islamofascist Award

Latest Recipient of the
Goebbels-Warner Award

Goebbels-Warner Award

Previous Recipients of the
Goebbels-Warner Award

Muslm Mafia

Latest Recipient of the
Evil Dumbass Award
Somali Pirates

Evil Dumbass Award

Previous Recipients of the
Evil Dumbass Award

Insane P.I. Bill Warner
Learn about
Defamation Campaign

by Internet Thugs

Latest Recipient of the
Retarded Rabbi Award
Shmuley Boteach

Retarded Rabbi Award

Previous Recipients of the
Retarded Rabbi Award

Latest Recipient of the
Mad Mullah Award
Omar Bakri Muhammed

Mad Mullah Award

Previous Recipients of the
Mad Mullah Award

Stop Sharia Now!
ACT! For America

Latest Recipient of the
Demented Priest Award
Desmond Tutu

Demented Priest Award

Previous Recipients of the
Demented Priest Award

Egyptian Gaza Initiative

Egyptian Gaza

Note: majority of users who have posting privileges on MASH blog are not MASH members. Comments are slightly moderated. MASH does not necessarily endorse every opinion posted on this blog.


Muslims Against Sharia
Salah Uddin Shoaib Choudhury
Hasan Mahmud

Tewfik Allal
Ali Alyami & Center for Democracy and Human Rights in Saudi Arabia
Zeyno Baran
Brigitte Bardet
Dr. Suliman Bashear
British Muslims
for Secular Democracy

Center for Islamic Pluralism
Tarek Fatah
Farid Ghadry &
Reform Party of Syria

Dr. Tawfik Hamid
Jamal Hasan
Tarek Heggy
Dr. M. Zuhdi Jasser &
American Islamic
Forum for Democracy

Sheikh Muhammed Hisham
Kabbani & Islamic
Supreme Council of America

Sayed Parwiz Kambakhsh
Nibras Kazimi
Naser Khader &
The Association
of Democratic Muslims

Mufti Muhammedgali Khuzin
Shiraz Maher
Irshad Manji
Salim Mansur
Maajid Nawaz
Sheikh Prof. Abdul Hadi Palazzi
& Cultural Institute of the
Italian Islamic Community and
the Italian Muslim Assembly

Arifur Rahman
Raheel Raza
Imad Sa'ad
Secular Islam Summit
Mohamed Sifaoui
Mahmoud Mohamed Taha
Amir Taheri
Ghows Zalmay
Supna Zaidi &
Islamist Watch /
Muslim World Today /
Council For Democracy And Tolerance
Prominent ex-Muslims
Ayaan Hirsi Ali
Magdi Allam
Zachariah Anani
Nonie Darwish
Abul Kasem
Hossain Salahuddin
Kamal Saleem
Walid Shoebat
Ali Sina & Faith Freedom
Dr. Wafa Sultan
Ibn Warraq

Defend Freedom of Speech

Islamists claiming to be Moderates
American Islamic Group
American Muslim Alliance
American Muslim Council
Al Hedayah Islamic Center (TX)
Canadian Islamic Congress
Canadian Muslim Union
Council on American-Islamic Relations
Dar Elsalam Islamic Center (TX)
DFW Islamic Educational Center, Inc. (TX)
Holy Land Foundation for Relief and Development (Closed)
Ed Husain & Quilliam Foundation
Islamic Association for Palestine (Closed)
Islamic Association of Tarrant County (TX)
Islamic Center of Charlotte (NC) & Jibril Hough
Islamic Center of Irving (TX)
Islamic Circle of North America
Islamic Cultural Workshop
Islamic Society of Arlington (TX)
Islamic Society of North America
Masjid At-Taqwa
Muqtedar Khan
Muslim American Society
Muslim American Society of Dallas (TX)
Muslim Arab Youth Association (Closed)
Muslim Council of Britain
Muslims for Progressive Values
Muslim Public Affairs Council
Muslim Public Affairs Council (UK)
Muslim Students Association
National Association of Muslim Women
Yusuf al Qaradawi
Wikio - Top Blogs