Monday, November 23, 2009

KSM

Some thoughts on moving KSM's trial to NYC. I'm not so concerned about the safety of citizens of NYC; if there are dangers, there are dangers. That's not to say there might not be legitimate concerns. I just don't think moving the trial there heightens them.

But I am concerned with several other things. First, the Attorney-General, Eric Holder (who appears to me to be out of his league, but that's just me), said KSM will be tried, convicted, and be given the death sentence. Now, is this typical prosecutor's bravado? Or, does this make a sham out of the legal system, the one we are holding up as a paragon by trying KSM in it rather than a military tribunal? Doesn't this make the presumption of innocence a bit suspicious here? And why should KSM be presumed innocent when, in the face of the IRS, I (and other US citizens) am presumed guilty--and can't win in court?

Second, will there be defense motions for all sorts of documents, including classified ones, that might aid and abet terrorists? The 1993 WTC bombing resulted in a couple hundred names on a list, names our intelligence agencies had identified with terrorist groups, a list that was made public and, without doubt, found its way into the hands of terrorist groups. Surely that helped the terrorists.

Third, a local columnist likened the KSM trial to those in Nuremburg in WW2. He noted that those trials didn't seem to rock the world, continue to give voice to Nazi propaganda, etc. Well, I think he missed out a bit on HIS 152--the Nuremburg Trials weren't civilian trials, not at all. Hmmm.... No need to emphasize history in the schools, nope.

Fourth, what if, just if, KSM is found not guilty or has the trial dismissed on some legal technicality? (Let's not consider if, during war, Miranda rights, for instance, must be given.) Would KSM be allowed to go free? Highly unlikely that he would. What does that say about a "fair trial?" And what would Americans think about their judicial system, already one that is raising doubts?

Fifth, why does KSM get a civilian trial, yet one of the masterminds of the USS Cole attack remain with a military tribunal? What is the difference?

Sixth, if, as Holder says, KSM is to be convicted and executed, where are the opponents of capital punishment? Why are they so silent? Are they waiting for a trial, conviction, and sentence? They don't wait in other instances....

As the Doobies sang, "I ain't blind and I don't like what I think I see."

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