Monday, November 23, 2009

Big Media's KSM problem

Column here by Eugene Robinson, titled “Battlefield in the War of Ideas” is fairly representative of the liberal-Left’s defense of the Obama administration’s decision to try KSM in civilian courts (extreme Cliff notes version: “they” will like us more).

And fairly representative because it also embodies what we will refer to as the Great Dodge. The Great Dodge is the liberal-Left’s complete unwillingness to address the rank hypocrisy of trying KSM in civilian court. If one wishes to try KSM and other terror detainees in civilian court that is one thing. If one wishes to try KSM in civilian court and the USS COLE bombers in a military tribunal, that is entirely another. Considering the heinousness of the 9-11 WTC attack against defenseless civilians vs. an attack on a U.S. warship, what is the greater warcrime?

It would still appear to be an inconsistency but we could at least see the logic of trying the USS COLE bombers in NYC but reserving the military tribunal for the true war criminal, KSM. This administration, however, gets it completely bass-ackwards. Wrong in principle – wrong in application.

The Great Dodge is also the liberal-Left’s unwillingness to call the Obama administration on the carpet for publicly saying KSM will be convicted and that regardless of the outcome of KSM’s trial, he will not be set free.

The administration has made a grand showing of this trial being faithful to the principles of the Constitution and American civil rights but their deeds and words betray that notion. Both Obama and Holder can legitimately be accused of pre-judging the accused and their assertion that KSM will never be allowed to walk free regardless of the outcome of his trial sets this up as nothing more than a show trial and thus makes a mockery of the very principles the administration is claiming to uphold. It also reveals what this civilian trial was all about from the beginning: not to uphold any true American justice but just cheap political payback to the left.

Robinson and others of his ilk have, thus far, refused to call out the administration let alone even acknowledge there might be a tiny problem with not setting a man free if he wins an acquittal in our court system. The Great Dodge ambles on.


Harrison said...

Obama plays fast-and-loose with his policies and is defended in the press. A bombing in NYC during the trial kills his and his party's chances for some time. Let's hope it doesn't happen but he seems prepared to take big risks with other people's lives.

B-Daddy said...

Overall great post. A small quibble, Obama and Holder are the prosecutors, so they have the discretion of saying the accused are guilty. The real threat to the constitution, as you allude to, is Obama's statement that KSM will never go free, EVEN IF FOUND NOT GUILTY. This is such a violation of our constitutional principles that it cries out for comment by the supposed defenders of civil liberties.
Further, what if members of "militias" or "racist" tea party goers are found to be "too dangerous to release?" We always have to think about the principles.
George Bush was wrong to hold the tribunals without a law passed by Congress legitimizing the process. Obama is wrong to not follow that law to its conclusion.

Harrison said...

You're wrong. FDR held trials for Germans captured in NYC in the 40s during WWII not to mention Lincoln doing the same during the Civil War so not sure what law Bush broke.

Road Dawg said...

I'm not sure I agree with Bdaddy here, although I follow the logic. Somewhere down the line, the terrorist act needs to be exposed to the light of day with as much evidence as can be known without damaging national security.

But this doesn't seem to be a trial for the "Belushi in a DUI photo" looking mutherfletcher, but a trial of George Bush.

I would love to hear Bdaddy expound on this more.

Dean said...

To the allegation of pre-judging: When the prosecution team is also part of the team making the rules (saying that KSM does not walk regardless of the outcome of his trial is making the rules), there would appear to be a serious conflict of interests.

Harrison said...

Well the Obama administration is allowed to say they think KSM is guilty as they are prosecuting him HOWEVER then going on to say whether he's found guilty or not he won't see the light of day IS wrong... very wrong. And unconstitutional I'd imagine.