Monday, November 16, 2009

Straight Thinking About Trying the Guantanamo Prisoners.

Republicans are up in arms that the Obama administration is going to transfer Islamic jihadi terrorists from Guantanamo Bay security facility to New York City to be tried in civil court.

I can understand their point of view, but c’mon, guys, is this really a battle worth fighting? One of the things that really ticked me off about the liberals throughout the Bush administration was the fact that no matter what Bush did, it was either wrong or not good enough. Now we’re doing the same thing to the Obama administration. Now, let’s be clear, I don’t like Obama, and I think his presidency is going to be a disaster for this country. But on this one case he’s not all wrong.

There are several things to consider when evaluating this: intended consequences, unintended consequences, and precedent.

Intended consequences.

The keystone of the Republican opposition to this move is that they’re afraid that a civil court is going to get hold of these guys, introduce civil rules of evidence, and that these guys are going to walk on a technicality, or that a sympathetic jury will find an inadequate case to convict. All things being equal, and with the history of our judicial system, that’s a reasonable thing to think. Just ask O.J..

Republicans, stop and think a second. This is the Obama Administration! Now what is job number one for Obama? That’s right, getting re-elected in 2012. Everything else takes a back seat to that. Now Obama’s inexperienced and unqualified, but he’s not exactly an idiot. He knows that if Khalid Sheik Muhammad walks on a technicality in New York City, that he’s going to be crucified in the polls come 2012. So that’s not going to happen. The Chicago machine is going to make sure of it. Trust me, the fix is in long before the gavel falls to open proceedings. You can bet that the prosecuting attorney is already measuring for new drapes in the State attorney General’s office, and that the presiding judge is virtually guaranteed a circuit court seat at the earliest possible vacancy. Keep a close eye on whoever gets picked to defend these guys, they’ll make a ton in windfall profits. Just like the Chicago prizefighter makes it look good and then takes a fall, the defense will do their best and will ultimately lose.

Now if a Republican administration moved to influence a court proceeding with the sort of heavy handed methods that are going to be used in this show trial, the press would be howling for blood. But since this is Obama, no one is going to give it a passing sniff, it’s just another quiet day in America, folks. Move along.

If you think this is a little optimistic, think about who we’re dealing with. Obama has no qualms about throwing his allies under the bus to further his political ambitions. Remember Jeremiah Wright, whom he could no more disown than his own Grandma? Amazing how quiet he’s been. And speaking of Grandma. . .she sort of headed under the bus after Rev. Wright, when she announced that she remembered Barry being born – in Kenya!

If this is how Obama treats his closest kin and friends, then Khalid Sheik Muhammad is a walking dead man. He will go to New York, get a fair trial, and then they’ll execute him, swiftly and with due process. You won’t have to pack the jury. This is New York City, and any jury you pick is going to have their minds made up from the get-go. And don’t worry about the exposure of classified information that may be necessary to convict. You can do it without that.

The fix is in.

The intended consequence is that the world will nod their head sagely and say, yes, America practices what it preaches, they tried them and convicted them and executed them. Political win for America. And if they don’t – well, get real, did you really expect them to? Nothing’s lost.

Unintended consequences.

The Democrats never stop to think about the unintended consequences. The bleeding hearts are wringing their hands about these poor prisoners of war being held without being charged, their lives in limbo. These are feelings, and to a liberal feelings hold sway, irrespective of the laws of armed conflict. For some reason, because this animal physically resembles a human, he gets to enjoy the benefits of the protections of the US constitution – a legal system that he had vowed to destroy.

So unintended consequences on the battlefield: A 21 year old Marine is in combat, and after a furious exchange of gunfire, the Mujahadeen he’s shooting at runs out of ammo and throws his hands up. Our Marine looks at the corpsman administering to his wounded buddy, and then regards the surrendering Jihadi. It flashes through his mind that this guy has just earned himself three hot meals a day and a comfortable bed while he goes on trial, and may stand a good chance to walk free so he can come back and re-arm and be shooting at them another day. . . .

Oops. Sorry ‘bout that, Hajji. I didn’t see your hands up. Looked like you had a weapon. . . .give my regards to Allah.

If we ever took another prisoner in the war against Islam, it would be a testament to the extreme professionalism of our fighting men.

And what if we actually pull off the capture of Osama Bin Laden? I bet it would be real cool if we could get Khalid Sheik Muhammad to turn State’s Evidence against him and testify. . . .only we let him walk. . or killed him already. Oops.

You should think about these sorts of things, first, guys.


Let’s face it, if the system worked, we wouldn’t be having these conversations. Bush dragged his feet, unable, as usual, to make a decision on what he should do, and consequently the military tribunals were never convened, and these guys never got served justice.    So by lack of action, Bush showed that military tribunals have no place in the war on Terror.

Now Barry’s going to set the precedent that these guys get constitutional rights. Yeah, but he’s also going to set the precedent that these guys get executed as well. The defense will raise a number of points which will be struck down, and the appellate courts will conveniently ignore the breach of law and rights of the accused, and precedent will be set that the defense’s best tools in these sorts of cases will be inadmissible. Khalid Sheik Muhammad’s journey is going to grease the skids to death row for future terrorists tried in civil court.

There you have it. Khalid Sheik Muhammad and his cronies die for their crimes, Barry dodges one of the many bullets which are going to doom him to being a one-term president, the military passes a wink and a nod policy on not taking prisoners, and precedent is set to make it very difficult for terrorists to get a fair shake under the judicial system they vow to destroy.

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