Using “Justice” to destroy America
A few days ago, the alleged Attorney General, Eric Holder, announced that Kalid Sheik Mohammad and other 9/11 conspirators would be tried before a civilian court in New York. Most Americans were outraged by this. I was more than outraged and appalled. I understood this more than most Americans. You see, I am a criminal defense lawyer.
If someone wanted to truly gut our intelligence agencies and our anti terrorist efforts, there could be no better way than by putting these terrorists on trial in a Federal court, giving them all of the rights an American citizen would have. Let me spell some of this out for you.
In a criminal case, first there is the right to discovery. That means the prosecution has to turn over EVERTYTHING it intends to use against the defendant. This includes lists of witnesses so they can be interviewed and investigated. Tangible evidence. Tapes. Reports that have statements the defendant made. It covers a lot. Much of this information is classified. The courts have a system for dealing with classified information in a trial. The Classified Information Procedures Act does set parameters to try and keep classified information secret. But that assumes that all parties are willing to abide by the rules. As we saw in the case of radical lawyer Lynn Stewart, some of these radical lawyers, who support these terrorists, are quite happy to violate the rules and share information they are not supposed to release.
Does anyone remember the case of Johnny Walker Lindh? Do you know why he only got 20 years? The Bush administration agreed to a plea bargain to keep classified information from being released in a public trial. Lindh was an American citizen and his lawyers were going to put the Bush administration on trial. Now, instead of having an administration that wants to protect this country and keep our antiterrorism strategies secret, we have an administration bound and determined to destroy our ability to defend ourselves. This trial will be a gold mine for Islamic terrorists. They will know how we operate, what we are doing and where our weaknesses are.
Since a defendant has a constitutional to subpoena witnesses or items that maybe material to their defense, the list of subpoenas will be monumental. Even if the items are not presented at the trial, the defense will be allowed a fishing expedition into all kinds of classified operations.
In addition, the defendant is entitled to “exculpatory” evidence. This means more fishing expeditions. The personnel files of CIA operatives will be fair game. If you are a CIA operative, how well are you sleeping, knowing the government will turn over your personnel file to a radical lawyer, who will share it with his terrorist client?
This begs the whole question of whether these clowns can even get a conviction. In 1962, the United States Supreme Court, in a case called Mapp v. Ohio, established something called the exclusionary rule. Evidence gathered in violation of someone’s constitutional rights could be excluded at trial. Extreme and outrageous government conduct can even be a basis for dismissal of the charges. Can you imagine how much of the government’s case is even going to make it to trial with a liberal judge? And what happens if a liberal Federal Judge dismisses the case against Kalid Sheik Mohammad? Are we now going to release him?
Obama, Holder and the hard left have one further agenda item here. They want to put America and the Bush administration on trial. By allowing these cases to be heard in a civilian court, that will be what happens. Ultimately, these lunatics want to see George Bush, Dick Cheney and others hauled before the International Criminal Court in The Hague to be tried for crimes against humanity.
This whole nightmare goes back to the concept that elections matter. If there had been a good conservative nominated by the Republican Party, Obama would be a footnote in American history. Now, thanks to his election, there may not be much more American history to be written.