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Thread: KSM 9/11 trial controversy

  1. #76
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    Quote Originally Posted by JAD_333 View Post
    Don't assume that the only evidence against KSM comes from him. There may be plenty of admissible evidence from other source, e.g., witnesses, intercepts, etc.
    There might be, great that we're going to drag our intelligence gathering capabilities into open court. :( However, nothing changes the fact that the prisoner was abused, coerced, denied a speedy trial, denied counsel.... Under normal circumstances this would get the case thrown out by tainting the entire case.

    There is absolutely no double jeopardy in this case. All that stuff you cited
    is mumbo jumbo. The test is simple. Double jeopardy is retrying a person using the same charge and the SAME evidence as was used to convict or acquit the person in a previous trial. Besides which the defense would have to prove that the military commission that ostensibly tried him in the first place is a criminal court, which it is not. In other words he will be tried as a criminal this time, not as an enemy combatant.
    Its not mumbo-jumbo. The tribunals are legal courts empowered under the US Constitution (see below) and thus bound by Supreme Court precedent- in this case the ruling that once a fact is decided, it cannot be retried. The GovernmentcChanging courts without changing charges is not allowed once all the pre-trial motions are done and the jury/tribunal is seated. This goes for guilty or innocent verdicts since the government has abused power in the past. If there are no errors, you can't retry.

    Fifth Amendment

    No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

  2. #77
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    IMO, Its an " Obamanation" he should never see the inside of a US courtroom and once again Obama has his efforts focused in another place then where they should be, on the Economy and definately on Iran. We should make this short and sweet, find him not guilty and then let him walk out of the courthouse and face the American people. He wouldnt last thirty seconds on a New York street before somebody gunned him down like the piece of shat he really is. Justice is served and no need to give this disgusting creature any media attention nor a soapbox to stand upon to preach his hatred.
    Fortitude.....The strength to persist...The courage to endure.

  3. #78
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    i wish he stood in front of something more like the nuremberg tribunals than just a US civvie court.
    The human mind cannot grasp the causes of phenomena in the aggregate. But the need to find these causes is inherent in man’s soul. And the human intellect, without investigating the multiplicity and complexity of the conditions of phenomena, any one of which taken separately may seem to be the cause, snatches at the first, the most intelligible approximation to a cause, and says: “This is the cause!"

    -Leo Tolstoy
    War and Peace

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    Quote Originally Posted by Dreadnought View Post
    IMO, Its an " Obamanation" he should never see the inside of a US courtroom and once again Obama has his efforts focused in another place then where they should be, on the Economy and definately on Iran. We should make this short and sweet, find him not guilty and then let him walk out of the courthouse and face the American people. He wouldnt last thirty seconds on a New York street before somebody gunned him down like the piece of shat he really is. Justice is served and no need to give this disgusting creature any media attention nor a soapbox to stand upon to preach his hatred.
    This is a justice dept matter and not a distraction from Iran or the economy.

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    Quote Originally Posted by Prof View Post
    Those were military tribunals.

    Prof
    Nah meng, their trial was a civil trial by jury. A show trial nonetheless, and their crime and residency status was much different that KSM and his cohorts, but it was a national security-related trial during a time of war.
    You know JJ, Him could do it....

  6. #81
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    Quote Originally Posted by Roosveltrepub View Post
    This is a justice dept matter and not a distraction from Iran or the economy.
    Really? Didnt stop him from becoming involved in little town politics such as when his professor friend hd he run in with the law.

    It was originally a military matter and now it has been made a public circus.
    Fortitude.....The strength to persist...The courage to endure.

  7. #82
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    Quote Originally Posted by Dreadnought View Post
    Really? Didnt stop him from becoming involved in little town politics such as when his professor friend hd he run in with the law.

    It was originally a military matter and now it has been made a public circus.
    Once they got to Gitmo we had no means to deal with them and the means drafted and so many of the things we tried doing got ruled unconstitutional. Aren't you tired of our courts saying we are breaking our laws? It really has been a gordion knot. If it had been treated as a military matter from say one I'd agree but it really wasn't. In the end this could be good pr for us or a disaster. I really hope it shows our systems strengths to the world. Not to many other places would give this monster a day in court

    I think the other was a quip he would give a finger to have a redo on. As a constitutional expert I imagine he had some thoughts on the whole issue and think I was being naive saying he left it all to justice. He does know a bit more about the constitution than most if not all here he was a professor teaching constitutional law right?
    Last edited by Roosveltrepub; 29 Nov 09, at 17:46.

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    IMO, They should all face trials such as Nurenberg, with immediate sentence carried out shortly thereafter. There were no civilian court rights administered and the monsters punished. He and his followers should all be a windchime by now unfortunately the American taxpayers will once again foot the bill for this "circus".
    Fortitude.....The strength to persist...The courage to endure.

  9. #84
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    This should clarify what the risks are for even the dimmest among us that have tried to defend the absolutely insane decision to give KSM et al a civilian trial. The idiots that use prior trials to try to justify how well THIS one will work out for us should consider just how bad those cases could have gone for us.

    It was close to being a total disaster, and THIS one WILL be, because our intelligent enemies will not make the same mistake again.

    Like WE just did.

    Read, and feel the fear. From PowerLine:

    What the law enforcement approach buys you

    January 5, 2010 Posted by Paul at 9:03 AM
    My main objection to trying foreign terrorists in federal district court is dogmatic, not pragmatic. These guys no more deserve access to our federal courts than to our welfare system.

    But this is not to minimize the pragmatic arguments against granting such access. Andy McCarthy explains why yesterday's Fourth Circuit decision upholding the conviction of Zacarias Moussaoui demonstrates that, if Moussaoui had contested his guilt, things might well have turned out very differently:

    The appellate court notes that Moussaoui claims it was error for the trial judge to interfere with his unqualified right to represent himself; "to have personal, pretrial access to classified, exculpatory evidence"; and to be able to summon witnesses like co-conspirator Khalid Sheikh Mohammed for trial testimony. The Fourth Circuit acknowledges that all these claims have merit, but the court finds that Moussaoui, by pleading guilty, waived any claim of prejudice. Opinion at pp. 24-28. Even more alarming, the Fourth Circuit concedes that its waiver rationale is inconsistent with a decision by the Ninth Circuit on which Moussaoui relies -- i.e., if the Fourth Circuit had followed the Ninth Circuit, there's a good chance it would have had to agree that, regardless of the guilty plea, Moussaoui's convictions should be reversed.
    Memo to the Department of Justice: if you insist on trying these guys in federal court, don't do it on the West Coast.
    As for the KSM trial that's headed New York's way, McCarthy writes:

    In the next case -- like, say, KSM's civilian trial -- the defendants will be smart enough not to plead guilty. They will insist on getting every piece of intelligence they're entitled to. And the prosecutors will look at this ruling on Moussaoui's appeal and realize they'd better give it to them or risk having the case thrown out. That's what the law-enforcement approach buys you.
    "The quickest way of ending a war is to lose it, and if one finds the prospect of a long war intolerable, it is natural to disbelieve in the possibility of victory."
    - George Orwell

  10. #85
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    Bumped, because I just KNOW that I'm not the only one that cares about this.
    "The quickest way of ending a war is to lose it, and if one finds the prospect of a long war intolerable, it is natural to disbelieve in the possibility of victory."
    - George Orwell

  11. #86
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    Quote Originally Posted by Bluesman View Post
    Bumped, because I just KNOW that I'm not the only one that cares about this.
    No Blues your not, some people have their minds on putting this to an end, others would rather make him a poster boy. Sensless money wasting to the people of the US and ass kissing to the rest.
    Fortitude.....The strength to persist...The courage to endure.

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