Re: Lefties....please defend the decision to try KSM in NYC.....

Abraxas wrote:
cybert wrote:

So, since he can't get a fair federal trial, he should have a less fair military one? It applies here no less than it has for over 100 other terrorists put on trial.

Maybe this has been asked already in this thread, but what evidence is there that military tribunals are less fair? And regardless, my original point isn't some echoe of the party line. It's just a statement of fact.

If the only reason for making this a civilian trial is to prove our committment to fairness, despite the fact we can't garuntee it... why bother at all?

A military trial is less fair because defendants don't have the same legal protections in a military tribunal. For example, the evidence extracted from KSM using "enhanced interrogation" methods (torture) such as waterboarding would be inadmissible in a civilian trial.

"Anarchy stands for the liberation of the human mind from the dominion of religion; the liberation of the human body from the dominion of property; liberation from the shackles and restraints of government." - Emma Goldman

"Propaganda is to a democracy what the bludgeon is to a totalitarian state." - Noam Chomsky

Re: Lefties....please defend the decision to try KSM in NYC.....

IamMe wrote:

A military trial is less fair because defendants don't have the same legal protections in a military tribunal. For example, the evidence extracted from KSM using "enhanced interrogation" methods (torture) such as waterboarding would be inadmissible in a civilian trial.

Who cares? In the case of Khalid Sheikh Mohammed, he's gonna be convicted anyway, so why tarnish the civilian judicial system if the military tribunal was gonna do the same thing... except do it faster, cheaper and with less partisan debate?

I don't question your commitment to a fair hearing... I just doubt whether it's possible, so again, why bother?

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Re: Lefties....please defend the decision to try KSM in NYC.....

Abraxas wrote:
IamMe wrote:

A military trial is less fair because defendants don't have the same legal protections in a military tribunal. For example, the evidence extracted from KSM using "enhanced interrogation" methods (torture) such as waterboarding would be inadmissible in a civilian trial.

Who cares? In the case of Khalid Sheikh Mohammed, he's gonna be convicted anyway, so why tarnish the civilian judicial system if the military tribunal was gonna do the same thing... except do it faster, cheaper and with less partisan debate?

I don't question your commitment to a fair hearing... I just doubt whether it's possible, so again, why bother?

I don't like this rationale. I don't think that, when faced with the prospect of a person being denied a fair trial, advocating an even less fair trial is the right response. I think there should be partisan debate; I think an issue as important as the right to a fair trial needs to be discussed even if it rips the country apart.

"Anarchy stands for the liberation of the human mind from the dominion of religion; the liberation of the human body from the dominion of property; liberation from the shackles and restraints of government." - Emma Goldman

"Propaganda is to a democracy what the bludgeon is to a totalitarian state." - Noam Chomsky

Re: Lefties....please defend the decision to try KSM in NYC.....

IamMe wrote:
Abraxas wrote:

Who cares? In the case of Khalid Sheikh Mohammed, he's gonna be convicted anyway, so why tarnish the civilian judicial system if the military tribunal was gonna do the same thing... except do it faster, cheaper and with less partisan debate?

I don't question your commitment to a fair hearing... I just doubt whether it's possible, so again, why bother?

I don't like this rationale. I don't think that, when faced with the prospect of a person being denied a fair trial, advocating an even less fair trial is the right response. I think there should be partisan debate; I think an issue as important as the right to a fair trial needs to be discussed even if it rips the country apart.

If this were an American, I would "fight the good fight" with you.

But military tribunals have tried, sentanced and punished enemies of the US for decades, so I personally think it's asinine that we create this circus; wasting our nation's wealth and damaging our judicial credibility for such a high-profile TERRORIST.

You may not like my rationale (truth be told: *I* don't either), but this is the fact of the situation.

Last edited by Abraxas (2010-02-09 18:18:54)

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Re: Lefties....please defend the decision to try KSM in NYC.....

Abraxas wrote:
IamMe wrote:
Abraxas wrote:

Who cares? In the case of Khalid Sheikh Mohammed, he's gonna be convicted anyway, so why tarnish the civilian judicial system if the military tribunal was gonna do the same thing... except do it faster, cheaper and with less partisan debate?

I don't question your commitment to a fair hearing... I just doubt whether it's possible, so again, why bother?

I don't like this rationale. I don't think that, when faced with the prospect of a person being denied a fair trial, advocating an even less fair trial is the right response. I think there should be partisan debate; I think an issue as important as the right to a fair trial needs to be discussed even if it rips the country apart.

If this were an American, I would "fight the good fight" with you.

But military tribunals have tried, sentanced and punished enemies of the US for decades, so I personally think it's asinine that we create this circus; wasting our nation's wealth and damaging our judicial credibility for such a high-profile TERRORIST.

You may not like my rationale (truth be told: *I* don't either), but this is the fact of the situation.

Why does it matter who he is? If the right to a fair trial means anything then it must apply to the worst person in the world.

"Anarchy stands for the liberation of the human mind from the dominion of religion; the liberation of the human body from the dominion of property; liberation from the shackles and restraints of government." - Emma Goldman

"Propaganda is to a democracy what the bludgeon is to a totalitarian state." - Noam Chomsky

Re: Lefties....please defend the decision to try KSM in NYC.....

IamMe wrote:

Why does it matter who he is? If the right to a fair trial means anything then it must apply to the worst person in the world.

Fine. But he's never gonna get one. In recent times, no one as infamous, with the exception of Suddam Hussein (who was tried in an Iraqi court) has ever defended himself in a "fair" trial. For Heaven's sake, the man's name, "Khalid Sheikh Mohammed," has been condensed into an acronym by bloggers and the media because they're tired of saying the whole thing. I can only think of one other person off the top of my head who has that kind of noteriety - OBL himself.

You can talk about all the lofty ideals of justice and honor till you're blue in the face... but it simply won't happen here, and since I don't have a lot of faith in humanity, I personally don't think it ever will.

This man is evil and everybody knows it. He won't get a fair trial so why waste the resources on this dog-and-pony-show if, in the end, it only serves to discredit the American judicial system?

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Re: Lefties....please defend the decision to try KSM in NYC.....

Abraxas wrote:
IamMe wrote:

Why does it matter who he is? If the right to a fair trial means anything then it must apply to the worst person in the world.

Fine. But he's never gonna get one. In recent times, no one as infamous, with the exception of Suddam Hussein (who was tried in an Iraqi court) has ever defended himself in a "fair" trial. For Heaven's sake, the man's name, "Khalid Sheikh Mohammed," has been condensed into an acronym by bloggers and the media because they're tired of saying the whole thing. I can only think of one other person off the top of my head who has that kind of noteriety - OBL himself.

You can talk about all the lofty ideals of justice and honor till you're blue in the face... but it simply won't happen here, and since I don't have a lot of faith in humanity, I personally don't think it ever will.

This man is evil and everybody knows it. He won't get a fair trial so why waste the resources on this dog-and-pony-show if, in the end, it only serves to discredit the American judicial system?

Leaving aside the whole issue of Saddam getting a fair trial (he didn't, but that's off-topic), I think there is value in discrediting the American justice system if it deserves to be discredited.

"Anarchy stands for the liberation of the human mind from the dominion of religion; the liberation of the human body from the dominion of property; liberation from the shackles and restraints of government." - Emma Goldman

"Propaganda is to a democracy what the bludgeon is to a totalitarian state." - Noam Chomsky

Re: Lefties....please defend the decision to try KSM in NYC.....

Abraxas wrote:
IamMe wrote:
Abraxas wrote:

Who cares? In the case of Khalid Sheikh Mohammed, he's gonna be convicted anyway, so why tarnish the civilian judicial system if the military tribunal was gonna do the same thing... except do it faster, cheaper and with less partisan debate?

I don't question your commitment to a fair hearing... I just doubt whether it's possible, so again, why bother?

I don't like this rationale. I don't think that, when faced with the prospect of a person being denied a fair trial, advocating an even less fair trial is the right response. I think there should be partisan debate; I think an issue as important as the right to a fair trial needs to be discussed even if it rips the country apart.

If this were an American, I would "fight the good fight" with you.

But military tribunals have tried, sentenced and punished enemies of the US for decades, so I personally think it's asinine that we create this circus; wasting our nation's wealth and damaging our judicial credibility for such a high-profile TERRORIST.

You may not like my rationale (truth be told: *I* don't either), but this is the fact of the situation.

Well, the 20th hijacker, Moussaoui, was not American and tried and convicted under the rule of law. (Life sentence.) Abdel Rahman, co-consprator with Ramsay Yousef in the 1993 bombing of the WTC, not Americans, tried and convicted under the law.(Life sentences.) Richard Reid, the shoe bomber. (Life sentence.)

Now let's look at convictions by military tribunal. Since 2001, there are two (a third was plea-bargained). One was convicted in absentia, and the other was Osama bin Laden’s driver, Salim Hamdan, accused of transporting weapons for use on the battle field in Afghanistan. Convicted on that charge, he was acquitted of conspiracy. And his sentence? Well...

After seeking 30 years in prison for Hamdan, in a military tribunal, before a military jury, and in a trial where many rights normally afforded defendants in a civilian court were greatly curtailed, the five and a half year sentence was nothing short of a disaster for the Bush administration.

http://www.timesonline.co.uk/tol/news/w … 482417.ece

Yep, military tribunals are more lenient.

Either way, if any person commits a crime against the US anywhere in the world, we extradite and try them under OUR law. Every other country in the world does the same under their law. Military tribunals are supposed to be used exclusively where we are at war with a country, not a group of individuals. For instance, KSM (incidentally another conspirator of '93) is a citizen of Kuwait, one of our closest ME allies. Rahman was from Egypt, another ally. Moussaoui is from France, which only some on FOX might call an enemy. So, why not KSM?

So how about Abdulmutallab, the underwear bomber? He's Nigerian, not a country we are at war with. He was interviewed for 50 minutes before being mirandized. (By comparison, the shoe bomber was mirandized immediately.) Not only that, but he was given drugs for surgery and it was decided to let him recover before they continued the interview. The media went ballistic, the most common refrain, "Now we will never know what he could have told us!" About a week later, the media and the Obama attack machine were eating crow:

>>WASHINGTON - The Nigerian man accused of trying to use a bomb hidden in his underwear to bring down a Detroit-bound airliner on Christmas Day has been cooperating with investigators since last week, discussing his contacts in Yemen and providing intelligence in multiple terrorism investigations, officials said Tuesday.<<

http://www.wjla.com/news/stories/0210/7 … ews_702225

Contrast that to KSM who was waterboarded 183 times over a month. Did this yield better info? It remains to be seen. Meanwhile it remains, the rule of law cannot be refuted on coming down hard on these bastards.

Hell is a place where there is no reason.

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Re: Lefties....please defend the decision to try KSM in NYC.....

You're such a partisan doodle-bug that you don't even realize your post isn't consistant with anything I said. You just whip out your "stock" arguments because you assume all opposition is the same.

My argument isn't specific criticism of Obama. It's criticism of the entire system that pretends it can preform a fair trial despite common sense and logic telling us otherwise. It's criticism of people who wish to see justice be done but fail to realize there was never justice to be had... just retribution. Not that *my* personal feelings are any different. The only difference is I'd rather skip this "show-trial" and expediate his punishment through a military tribunal.

See, what Obama did or what Bush did... or what the media says now versus what they said then... or who did what, when doesn't fricken' matter to me. It's the principle of the thing... or rather, the lack of principles we show in having the audacity to believe this guy will have a "fair" trial.

Last edited by Abraxas (2010-02-09 22:38:26)

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Re: Lefties....please defend the decision to try KSM in NYC.....

Hmm. Interesting discussion. I think Patton obviously raised it because it's the latest GOP political pretense--pretending that the Obama administration is "soft on terror."  roll

Abraxas makes more more interesting, albeit really cynical, point. I'd just say that the confidence that the Obama administration has expressed with regards to the outcome of the case probably  has a great deal more to do with the evidence against the accused than to what Abraxas seems to be alluding to--resorting to a bagfull of sneaky courtroom tricks lest the accused be fairly tried and aquited.

Last edited by jpn of Seattle (2010-02-10 20:55:15)

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