RSS Feed MenuWill the Obama administration’s words in support of a federal court trial come back to haunt them? FrumForum interviewed former FBI and CIA agents to get their views on the Obama administration’s explanation on why a federal trial should be held.
President Obama is confident Khalid Sheikh Mohammed (KSM) will be convicted and in an interview discussed KSM my by saying: “WHEN he’s convicted and WHEN the death penalty is applied to him….” All those interviewed felt that the terrorist conviction is not a slam dunk and President Obama did not help the situation with his comment. Bob Hamer, a former Los Angeles FBI agent, pointed out that the President’s statements reduced the juror pool further since many jurors already have an opinion about 9/11 and “how fair can we be if the President said they would be convicted and executed?” Furthermore, all agreed that statements made in the public domain can be used to show prejudice against the defendant. Since a unanimous decision is needed, it only takes one juror with some reservations to stop a conviction. As a former CIA official stated, “it was a bone headed statement which may result in the exoneration of KSM, or at least an appeal.”
Another factor influencing the uncertainty of the trial is the selection of a judge, who is randomly chosen from a pool of judges. Neil Hermann, the lead investigator of the first WTC bombing and TWA Flight 800, compared it to “the luck of the draw.” Former FBI agent Hamer emphasized that “we as FBI agents used to joke that we should only start an investigation AFTER the judge has been chosen” because, as another former FBI agent, Craig Dotlo noted, “federal judges often view issues differently than expected, resulting in judicial rulings that can substantially affect the trial.”
Unless Holder and Obama have a crystal ball, they cannot predict how the judge will rule on evidentiary or constitutional issues. In fact, a former CIA official was sure that the defense attorneys will try to change the focus of the trial from KSM’s atrocities to his confession coerced by the harsh interrogation techniques. He and others interviewed used the phrase “the fruit of the poisonous tree,” referring to the doctrine whereby some evidence may be declared inadmissible. He further declared that “I am worried about a civilian judge because if that confession is thrown out the rest of the evidence will be as well. Will the judge allow this nonsense into the courtroom?”
Is it possible, as Holder has stated, that “classified evidence can be protected?” Unanimously, all felt that revealing classified evidence will put America’s national security at greater risk. A CIA operative was very emphatic that “we were able to track and eventually kill the bad guys through means that have not yet been revealed and we’d like to keep it that way. Additionally, we need to ensure that our joint operations with other services around the world isn’t made public.” Richard Marquise, an FBI agent who headed up the Pan Am Flight 103 investigation, said that during the Lockerbie trials, some of the documents turned over by the CIA were put into the defense’s hands and some evidence can get lost.” A former CIA official concurs and frustratingly told FrumForum that during the trial of one of the 9/11 terrorists, the CIA provided recanted documents to the defense. Unfortunately, the true identity of an operative was accidentally left in, showing that “there is always the possibility that classified information will be turned over.”
The terrorists will use this trial as a forum to propagandize their beliefs, in addition to using it to obtain information. Holder commented that “in a civilian trial, his rants will allow the world to see him as the coward that he is.” Obviously, Mr. Holder did not do his homework, because everyone emphatically stated that the opposite would occur; he would use it to politicize the trial and put himself in a more favorable light. For example, not many Americans know that during the military tribunal, KSM stated, “I don’t like to kill people. I feel very sorry there have been killed kids in 9/11. The language of war is you have to kill.” It was reported that one of the defense attorneys commented that the five men intended to plead not guilty so they can get their message out during the trial. The majority opinion is that by holding the trial in New York, the media capital, KSM will be able to prominently use this as a world stage, to put on trial the Bush Administration’s approach to the War on Terror. One way to do this is to take the stand, thus having the opportunity to express his views and recruit jihadists.
As Holder pointed out, “I know we are at war with a vicious enemy.” In that case, the venue should be a military setting. Everyone agrees that these terrorists are enemy combatants, not common criminals, and that there is a definite difference in the mindset between pre- and post-9/11. KSM was caught in Pakistan and he supported a war against America. Dotlo clearly points out that pre- 9/11,
the political will did not exist to declare war on terrorism so we continued our attempt to deal with the problem using law enforcement techniques which is the reason the early terrorists were criminally prosecuted. Post 9/11, the Government observed that it had to be on a war footing to defeat the terrorists, leading to a new strategy: a war on terrorism, where captured terrorists were treated as enemy combatants rather than criminals.
Holder claimed that “after eight years of delay those allegedly responsible for the attacks of September 11th will finally face justice.” All those interviewed asked; why were the military tribunals postponed if they were near completion and KSM admitted guilt? KSM stated during the military tribunal, “I hereby admit and affirm without duress that I was a responsible participant, principle planner, trainer, financier, executor, and personal participant…I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl. “ There is no logical reason why these trials were stopped except for political purposes. As a CIA official noted, “the military tribunals were working. The terrorists had representation, the trials were on going, there were no objections sustained in the higher courts. The only reason to put it in a civilian court was political.” Because of the many issues that must be resolved a federal trial will not start until the end of 2010. A high ranking former CIA official sarcastically noted that the defense attorneys “will easily be able to turn this into the longest running show in New York since CATS.”
Unfortunately, it appears that Attorney General Holder did not completely think through this process. As former FBI agent Hamer told FrumForum, the prosecution team tries to choose the best venue for a trial which achieves the ultimate goal of conviction. A former CIA official stated that “I think this administration talked themselves right into a federal trial. There are just too many unknowns.”
Hot Air » Blog Archive » Dem senator: Americans who don’t want KSM tried in civilian court can “go somewhere else” // Nov 25, 2009 at 5:58 pm
[...] constitutional implications of his preference. The search warrant question here is bait but the underlying point isn’t: FrumForum interviewed former FBI and CIA agents to get their views on the Obama [...]
Reality Chick // Nov 25, 2009 at 5:58 pm
We all make mistakes, but some can have enormous consequences. A justice system that could allow the KSM’s of this world to posture, recruit and expose opersatives while on trial is simply bad. A justice system that could enable the KSM’s of this world to stay alive (albeit in jail) is a travesty. Gambling with all these probabilities is foolish at best, suicidal at worst.
rbottoms // Nov 25, 2009 at 6:14 pm
Gambling with all these probabilities is foolish at best, suicidal at worst.
Good thing George Bush tried and convicted all these guys on his watch. Oh, wait…
What is with all the bowel-loosening, chickenhearted fear from the big tough Republican Party? Good lord, if there was ever a forgone conclusion the trial of KSM is it.
Oh? What’s that? Political ploy you say?
Heavens no, that would mean Republicans using the grief of 9/11 victims as a mere prop to find yet another of the 1,000 Points of Outrage against president Obama.
I do admit I’d much rather have a government that could haul someone off the street and execute them without benefit of trial.
What could go wrong?
jreb // Nov 25, 2009 at 7:04 pm
Prime example of what could go wrong, rbottoms and likewise individuals, who would use the trial of KSM and his cohorts as a political football to indict Bush and Republicans instead of wanting to bring justice to the murderer of 3,ooo innocent human beings.
rbottoms // Nov 25, 2009 at 7:20 pm
Prime example of what could go wrong, rbottoms and likewise individuals, who would use the trial of KSM and his cohorts as a political football to indict Bush and Republicans instead of wanting to bring justice to the murderer of 3,ooo innocent human beings.
So. What.
We’re such a weakling country we can’t stand up to four or five doomed men saying bad things about us? Good lord, when did the Republicans become such p****ys.
Is Bin Ladin going to be any less determined to attack us if we hang them in private? Will the Muslims who already hates going to slap their foreheads and say 9/1 was all a big misunderstanding.
Jesus, grow a pair.
sinz54 // Nov 25, 2009 at 8:29 pm
rbottoms:
If KSM gets a reduced sentence (or even worse, is acquitted) on a technicality like O.J. Simpson, we conservatives are going to hang that entire fiasco around Obama’s neck.
So you had better PRAY that everything goes well in the KSM trial. If not, Obama will not survive it politically. His goose will be cooked.
rbottoms // Nov 25, 2009 at 8:45 pm
If KSM gets a reduced sentence (or even worse, is acquitted) on a technicality like O.J. Simpson, we conservatives are going to hang that entire fiasco around Obama’s neck.
You referring to the case where an inept district attorney got her head handed to her? Sorry, gang that couldn’t shoot straight left office last January. I don’t have to pray for anything, president Obama is going to do what all you tough talking Rambo’s were unable to get done after seven years.
As for what conservatives will be outraged about this week or next, who cars. All that matters is outrage and Glenn Beck will have tears rolling down his cheeks next week about something I have no down and Rush we be blowing hard about who knows what, provided his Oxycontin supply isn’t running low and he has to go scrounge more.
It’s all an act and we’re wise to it.
The Republicans bet everything on no, this year and got the Vaseline blues for their trouble. The teabaggers handed us NY-23, Sarah Palin is every less liked nor believable as a presidential candidate, and Mr. Obama is about to take Afghanistan off the table as an issue you can hit us with.
Whatsit going to be next year, Obama’s really an alien?
txanne // Nov 27, 2009 at 3:28 pm
No matter how you spin it, the former administration screwed up from the very beginning. By identifying detainee’s as enemy combatants instead pf POW’s they created a legal limbo nightmare.
After only three convictions through military tribunals, the chickenhawks are wetting their pants now that this administration will actually seek the justice we all want and need.
So hide under you beds and scream at the top of your lungs until the trials are over. When it’s safe to come out you can join the rest of Americans who will be rejoicing the fact that terrorism failed to frighten us into giving up our fundamental freedoms and abandoning the rule of law.
reg // Nov 27, 2009 at 10:41 pm
i’ve started watching the US legal system the last few years and i can’t see how this will end well. if KSM is tried under civilian rules he’s going to walk, unless precedents(for civilian protection from the state) are changed which will be even worse.never mind this ” conservatives are scared” bullshit.It’s not about politics , it’s about reality.these people aren’t non-player characters, they are real thinking people.KSM wants you to submit to Islam or die, not because of George Bush, but because of his(KSM) beliefs.
The other thing to keep in mind is the way the world will view the US. If you can’t be trusted then you will be truly on your own, not a good place to be, a spot that will cost you a price that can be only paid in blood.
by the way if you convict the rough men(SEALS), then who will stand ready to defend you?
BoolaBoola // Nov 29, 2009 at 9:24 am
Lots of people object that a trial will serve as a “platform” for KSM to “preach his hate”.
Good! Let him expose himself for what he is. GIVE him a platform, from which to convict himself, and everyone like him.
BoolaBoola // Nov 29, 2009 at 9:29 am
Should James von Brunn, who shot up the Holocaust Museum, be tried? Won’t trying him give him a platform to preach race-hatred and recruit more anti-semitic murderers? Let’s just put him into a secret gulag. MUCH more convenient than a trial!
“The Snark pronounced sentence, the judge being quite
Too nervous to utter a word.
When it rose to its feet, there was silence like night,
And the fall of a pin could be heard.
‘Transportation for life,’ was the sentence it gave,
‘And THEN to be fined forty pound.’
The jury all cheered, though the judge said he feared
That the phrase was not legally sound.
But their wild exultation was suddenly checked,
When the jailor informed them, with tears:
Such a sentence would not have the slightest effect
As the [defendant] had been dead for some years.
The judge left the court, looking deeply disgusted.
The Snark, though a little aghast,
As lawyer to whom the defense was entrusted
Went bellowing on to the last.
Thus the Barrister dreamed, while the bellowing seemed
To grow every moment more clear,
‘Til he woke to the knell of a furious bell
Which the Bellman rang close to his ear.”