KSM’s NYC show trial and how AQ will be paying close attention

Posted by: ST on November 16, 2009 at 10:52 am

John Yoo, a former Bush admin Justice Department official, writes a powerful piece in today’s Wall Street Journal about how the NYC trial of 9-11 mastermind Khalid Sheikh Mohammed will provide a wealth of intelligence for our Islamofascist enemies (via Andy McCarthy):

Now, however, KSM and his co-defendants will enjoy the benefits and rights that the Constitution accords to citizens and resident aliens—including the right to demand that the government produce in open court all of the information that it has on them, and how it got it.

Prosecutors will be forced to reveal U.S. intelligence on KSM, the methods and sources for acquiring its information, and his relationships to fellow al Qaeda operatives. The information will enable al Qaeda to drop plans and personnel whose cover is blown. It will enable it to detect our means of intelligence-gathering, and to push forward into areas we know nothing about.

This is not hypothetical, as former federal prosecutor Andrew McCarthy has explained. During the 1993 World Trade Center bombing trial of Sheikh Omar Abdel Rahman (aka the “blind Sheikh”), standard criminal trial rules required the government to turn over to the defendants a list of 200 possible co-conspirators.

In essence, this list was a sketch of American intelligence on al Qaeda. According to Mr. McCarthy, who tried the case, it was delivered to bin Laden in Sudan on a silver platter within days of its production as a court exhibit.

Bin Laden, who was on the list, could immediately see who was compromised. He also could start figuring out how American intelligence had learned its information and anticipate what our future moves were likely to be.

Even more harmful to our national security will be the effect a civilian trial of KSM will have on the future conduct of intelligence officers and military personnel. Will they have to read al Qaeda terrorists their Miranda rights? Will they have to secure the “crime scene” under battlefield conditions? Will they have to take statements from nearby “witnesses”? Will they have to gather evidence and secure its chain of custody for transport all the way back to New York? All of this while intelligence officers and soldiers operate in a war zone, trying to stay alive, and working to complete their mission and get out without casualties.

The Obama administration has rejected the tool designed to solve this tension between civilian trials and the demands of intelligence and military operations. In 2001, President George W. Bush established military commissions, which have a long history that includes World War II, the Civil War and the Revolutionary War. The lawyers in the Bush administration—I was one—understood that military commissions could guarantee a fair trial while protecting national security secrets from excessive exposure.

The Supreme Court has upheld the use of commissions for war crimes. The procedures for these commissions received the approval of Congress in 2006 and 2009.

Yoo, author of the alleged “torture memos“, is one former Bush administration official that the left outright hates to the point that they’ve tried to get him disbarred from practicing law, and have harassed him in front of his home – in addition to trying to have him prosecuted for alleged “war crimes.”

No matter whether or not you agree or disagree with what was written in the so-called “torture” memos, Yoo is absolutely right here. This trial will mainly benefit KSM and other Islamofascist thugs just like him, not the US. And on top of everything else, it’s like a slap in the face – especially considering that the trial will take place in the very iconic city where the first brutal terror attacks on our soil took place on 9-11-01.

Yoo doesn’t address what he believes are the reasons behind the decision to have KSM tried in a civilian court, but I suspect that – in addition to the naive and wrongheaded belief by the WH that showing the more radical Islamic countries around the world how “fairly” we can treat our enemies in civilian court will “inspire” them to do the same in turn – this is also a way for the administration to put President Bush’s counterterrorism policies on trial as well, something the far left has demanded he do from day one. This way, the administration can kill two birds with one stone. They can attempt to please the legal elites on their side who still bullheadedly and wrongly believe that fighting terrorism is primarily a law enforcement issue while also at the very least placate the far left pundits and high profile liberal bloggers who believe the Bush administation should be tried for war crimes. IOW, this trial sounds like little more than a political tactic – and one that very well may backfire next year.

As they say, stay tuned.

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15 Responses to “KSM’s NYC show trial and how AQ will be paying close attention”


  1. Mad Monica says:

    Back when Obama had the 9/11 and U.S.S. Cole families to the White House to explain his plans, I told my husband that he was preparing the way to release the Gitmo detainees. As I read about the plans to put these men on “trial” I am firmly convinced this is paving the way for their release.

    All it will take is an anti-Bush, anti-War, anti-Gitmo judge to be given this case and we will see KSM and his cronies flying back to their homes at taxpayer expense to be welcomed like heroes.

    I’m sure there are those who will swear up and down that will never happen. I hope they’re right. Because I just don’t know how the families of the nearly 3,000 dead from 9/11 and the numerous dead, wounded and maimed who have given their all to prevent another 9/11 since will respond.

    I have ZERO faith in this president and his Islamic Apologist AG when it comes to protecting this country and the punishment of those who have embraced Islamic extremism and attacked this country. As a matter of fact, I firmly believe both Obama and Holder do NOT consider these issues to be terribly important. If the War on Terror was important to Obama, he’d have sent reinforcements to Afghanistan already instead of dithering in hopes something will happen to get him out of making the decision.

    If Holder really believed in justice, he’d have upheld the verdict against the New Black Panthers.

    Let us pray we’re wrong. The world does not need KSM and his buds out gathering unlimited funding the set this country alight.

  2. BK says:

    It’s rich of Obama to ask Congress not to investigate and hold hearings on Hassan because he doesn’t want the hearings to be “political theater”, when at the same time he is moving the trials of these terrorists to New York. Talk about “political theater”. The pot calling the kettle black…or is that racist? :-?

  3. John Bibb says:

    President Franklin D. Roosevelt knew how to handle 8 Nazi German saboteurs when they came ashore from a sub in 1942. One week to catch them–2 months later 6 of the 8 were tried in a military tribunal and electrocuted. Two got prison sentences.
    How about having Comrade Obama (PBUH) do a little more “channeling” of FDR?

  4. Bill says:

    I think the real reason they want to bring the terrorists to NYC and try them is to make it easier for the New York Times to publish U.S. top secret military and intelligence data for our enemies to read.

    Up till now, the New York Times has had to have a large staff in DC to obtain all of our top secret military and intelligence data to publish for our enemies to read. And that, no doubt, is costly for a newspaper bleeding to death financially.

    With the terrorists on trial in NYC, the New York Times can reduce its staff in DC and more cheaply obtain U.S. top secret military and intelligence data that will come out of the trials in NYC so they can publish it for our enemies to read.

    It must be Obama’s, and the Liberal’s, gift to their favorite propaganda rag. I have no doubt that any real terrorist worth his salt has a subscription to the New York Times.

  5. Janelle says:

    This may well be the largest case of mass political suicide I’ve ever seen in my 60 years.

  6. Carlos says:

    Why should Duh-1 worry about what compromises any trials will make? They’ll only expose Americans and American helpers, so they’re totally expendable without any need for photo-op sorrow…

    He’s been that way his entire life, so why change now?

  7. Brontefan says:

    Has he apologized to the detainees yet? I want to know who he is going to apologize to next! For a man who swore he is not Muslim, he sure does act like one. He can’t find a church in D.C. to attend but he can celebrate a Muslim holiday at Camp David. I am so glad they are giving him the Nobel Peace Prize for groveling and bowing all around the world. This guy sure hates America. And tell me again… how he never listened to the 20+ years of anti-American rhetoric from Rev. Wright.

  8. Bob Barry says:

    Check out the 1969 trial of the Chicago Seven to see what New York City is in for. As for AG Holder’s high confidence of a conviction, check out a well-known bomber of the Pentagon who walked. Never got to trial. Tainted evidence. Bill Ayers.

  9. NC Cop says:

    They’ll all be convicted. Obama knows what it would mean if any of them walked so I have no doubt the verdict has already been “arranged”. I mean, if they can steal an election, why not rig a trial?

    He knows what is at stake so he will take precautions.

  10. Carlos says:

    The problem, NC, isn’t the first 7, or even 17, that get convicted. Eventually they’re going to find reasons for these murderers to be released (some into our own society) and to practice their mayhem and murder again.

    And before anyone has the chance to say it, I will remind the president who arranged this and the judges who release these pieces of pig dung that the blood of everyone who dies as a result is thoroughly and completely washed over your entire bodies (the hands won’t hold that much blood).

  11. Carlos says:

    BTW, ST, don’t look for the trials to start at least until after next year’s elections, and (with legal maneuvering) probably not until after the 2012 election. Simple protection by “the most transparent administration evuh!”

  12. fran campbell says:

    we need to follow the actions of australia. holder in case you have forgotten was the bag man for the clinton pardon of mark rich–the largest tax cheat in u.s. history. obamacommie, the muslim marxist in our whitehouse hates us . he plans to destroy us and this trial in nyc is only the beginning of the planned destruction. this is a clear invitation for some radical terrorists to attack us again. the military tribunals have handled such matters since the time of george washington. is it not military law that un-uniformed fighters on the battlefield can and were executed as spies>