The world will issue a resounding cheer. Obama, the narcissist, will then get his oh so coveted world wide accolade and adornment (the true goal of all of this), and we, the people, will once again be the brunt of global scorn and ridicule………….great foreign policy O’bow-er.

Don’t forget that Holder’s old pals at the firm will help represent these terrorists and they can’t help themselves. They will chortle like kids left at home by their parents for the first time, as motion after motion is filed. Most of those motions, the resulting ruling and the affect (e.g. the release of classified intelligence methods, lack of evidence from the battlefield, etc.) will provoke outrage from the public as terrorists responsible for killing 3,000 Americans laugh in our face, eat Duck l’Orange from Le Cirque, watch HBO and get free Swine Flu shots

My opinion? This could be Democrats and Obama’s worst nightmare. With the whole 3 ring circus happening in the background , they will be trying to get reelected. I am guessing one of the talking points won’t be how they finally got KSM “justice”.

I think they know this. I really don’t think they’ll let him walk. I think they’ll make it difficult and make a show of it to rub their agenda against Bush’s practices in everyones face. But I don’t see they going free.

All I can say though is, God help Obama if they do, cause he’s gonna need it. I think he knows his ass is on the line. And frankly, it would take an invesigation of the absolutely worst sort and I mean terrible, basically zero case at all, against this guy in order for his defense to be able to beat it.

He’s done IMO. It’s how all this is going to affect US as it goes on that worries me.

I don’t know. Yeah, I’d hate to see a lawyer go traitor I just don’t really see that happening. I think the scenario I laid out for howthe documents would or could get out because of the trial would be more likely.

And my point still stands, I don’t like this, I think it’s not a smart idea. I don’t think the sky is falling but it does raise a great number of issues with possible negative outcomes. I’m not so convinced all of a sudden this makes NYC a bigger target. It is, has been, and always will be a target as one of our flagship cities with such an expansive direct global reach. The possibility that it would be attacked JUST BECAUSE KSM is there is marginal.

It will however create a press circus and be forced to deal with heavy political issues that have been controversially debated on their own. So, I think is a bad idea no matter what.

But again, why did we not try him under Bush?!! I’m so upset with him over this. He did a lot of great things but KSM had admitted it and said he wanted to die!! He had how many years and now we’re stuck dealing with this!!

I mean, the decision has been made now. They’re coming and are gonna be tried here. All we can do is hold on now, because Bush dropped the ball.

I hope we’re all wrong and this turns out to be a model of our justice system. Odds are what on that though?

Fundamentally, there is no way that KSM et al. can be tried on the evidence adduced by the CIA and the military. At most it can form the basis for a complaint and then the US has to gather new evidence “untainted” by allegations of torture, due process issues, speedy trial issues, right to counsel issues, etc. Basically, they either start over or he walks and I think he walks anyway; it is just too difficult to put the toothpaste back in the tube.

I don’t know what there is like this on the criminal law side, but there’s a lot on the employment law side. Actually, it is harder in due process terms to fire a permanent public employee than it is to put one in jail and there are lots of court cases. The seminal due process case is Loudermill v. Cleveland Board and Garrity v. New Jersey addresses use of compelled evidence. Both are USSC cases on strictly Constitutional grounds. It is easy to argue that the evidence against KSM et al. was compelled and violated both his right to due process and his right to refuse self-incrimination. Ergo, no evidence and they walk. And I don’t think it would bother Comrade Obama a bit; he’d just blame Bush.

Then … the defense team has them. That means KSM has them. The only missing link is how does KSM get those documents to his friends. Frankly, that seems almost trivial in comparison to the normal protections afforded such documents — you’ve already bypassed all that, and a bad guy has them in hand, and you’re relying on a team of defense lawyers — HIS defense lawyers — to prevent him from getting them into other hands.

Yeah, good luck with that.

And that’s assuming that none of the lawyers actually slides from normal defense lawyer “slimeball” to actual traitor, like Lynne Stewart.

Thankfully I have a ton of faith in our justice system, and I suspect KSM will be tried, convicted, and put to death with little to no effort.