Friday, November 13, 2009

Gitmo Trials: In civilian courts?....really?


Really? REALLY Obama administration? Civilian Courts? Really? New York? Miles from the Towers site? REALLY?

I feel like Seth Meyers on Weekend Update on Saturday Night light after reading that Khalid Sheikh Mohammed will be tried in a civilian court. Not only that, but in New York no less. I can't do the in depth post that I want to do on this, [which is true for most posts since I am at work until 9pm eastern time] but I had to at least do a cursory comment on it. I am sure this will be covered in much more depth than I can give it here.

The main problem with this decision is that the trials will be in civilian courts. These trials should be conducted in Military Courts, and possibly even special tribunal courts specifically created for these matters. The news has already bastardized this decision and focused the debate to totally inane problems. They complain about trying to find impartial jurors and the protest problems of having the trials in New York. I hate to jump on the band-wagon of people who think the news media have lost all direction and credibility, but this kind of proves the point.

There is a very valid legal problem with having these trials in civilian courts, on top of the danger it poses to our national security. The DEFAULT jurisdiction in this case would be military courts. For some reason, I am sure we can all guess what that reason is, they are going to prosecute in civilian courts INSTEAD. So... watch the news on this... and even if you don't know the legal arguments or specifics of why these cases belong in military courts, just listen to the media and see if they TELL YOU WHY. That is their job isn't it? You will find that there will be little to no discussion of this issue. Instead they will gloss over it and cook up controversies and problems extraneous to the real issue. Ultimately it will circle back and come to fall on the fact that the U.S.A. was wrong in some way in this situation. I am also sure that some of these men will be portrayed as victims and their causes impossible because they have "already been found guilty in the court of public opinion."

This situation has implications beyond just this trial and the war on terror. It is symbolic and emblematic of how this administration views our Constitution, country and its laws. Their rule is governed not by laws and right or wrong, but instead by their own view on what will be best for us. This issue is the ultimate example of how our current government views their role not as the facilitators of law and order, but instead they view their role as wards over us.

**NOTE**: I will try to update this later... as this develops I am sure the media will only add to the rediculousness of this already baffling story.

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