The best, most qualified ex-prosecutor to speak to Obama's latest kick in our head, Andy McCarthy (who successfully prosecuted the worst jihadis), rips O to shreds in his latest piece at NRO. Me? I have gotten to the point where I am grateful that Obama didn't set Khalid Sheikh Mohammed up in the Bahamas in his own little ice cream store with his Uighur pals .... give him time.
The Left gets its reckoning.
The five 9/11 plotters were originally charged in a military commission. Military commissions have been approved by Congress and the courts. Eleven months ago, the jihadists were prepared to end the military case by pleading guilty and proceeding to execution. Plus, the Obama administration is continuing the commission system for other enemy combatants accused of war crimes. If we are going to have military commissions for any war criminals, it is senseless not to have them for the worst war criminals. In sum, there is no good legal or policy rationale for transferring these barbarians to the civilian justice system. Doing so will prompt a hugely costly three-ring circus of a trial, provide a soapbox for al-Qaeda’s anti-American bile, and create a public-safety nightmare for New York City.
There is, however, a patent political rationale behind Obama’s decision.
The terrorists are clearly committed members of the al-Qaeda conspiracy to wage a terrorist war against the United States — so much so that KSM cannot help himself, bragging about his atrocities against our country, including the 9/11 massacre of nearly 3,000 Americans. Further, controversy surrounds the intelligence-collection measures used by the Bush administration after 9/11 — measures such as enhanced interrogation that, though they saved countless lives, have been stridently condemned by the antiwar Left. This antiwar Left, President Obama’s base, has demanded investigations and prosecutions against Bush officials.
The Obama Justice Department teems with experienced defense lawyers, many of whom (themselves personally or through their firms) spent the last eight years volunteering their services to America’s enemies in their lawsuits against the American people. As experienced defense lawyers well know, when there is no mystery about whether the defendants have committed the charged offenses, and when there is controversy attendant to the government’s investigative tactics, the standard defense strategy is to put the government on trial.
That is, Pres. Barack Obama and Attorney General Eric Holder, experienced litigators, fully realize that in civilian court, the Qaeda quintet can and will demand discovery of mountains of government intelligence. They will demand disclosures about investigative tactics; the methods and sources by which intelligence has been obtained; the witnesses from the intelligence community, the military, and law enforcement who interrogated witnesses, conducted searches, secretly intercepted enemy communications, and employed other investigative techniques. They will attempt to compel testimony from officials who formulated U.S. counterterrorism strategy, in addition to U.S. and foreign intelligence officers. As civilian “defendants,” these war criminals will put Bush-era counterterrorism tactics under the brightest public spotlight in American legal history.
Read it all.