It should not be surprising to learn, though it may make your blood pressure go up. The terrorists who orchestrated 9/11 and masterminded the deaths of thousands of Americans will plead not guilty. They will use their case to try American foreign policy.

Fox News has the details.

Scott Fenstermaker, the lawyer for accused terrorist Ali Abd al-Aziz Ali, said the men would not deny their role in the 2001 attacks but “would explain what happened and why they did it.”

The trial of Zacarius Moussaoui tied up the federal courts for six years and he had pled guilty. How long will the American court system be tied up with pleas of not guilty and claims that America made them do it?

I’ve seen a lot from the left in the last twenty-four hours that I, and conservatives in general, do not want to give Khalid Sheikh Mohammed a fair trail and that I, and the right in general, do not believe in our system of due process.

Let me be crystal clear: it is precisely because I believe in our system of due process in a civil setting that I do not want Khalid Sheikh Mohammed tried in such a setting. The left ignores this at its peril.

I have full faith in our system of justice. Criminal defendants are given every advantage and resource to ensure they do not get convicted of a crime they did not commit. Khalid Sheikh Mohammed will get most of those advantages and resources. But that is all a distraction from one central fact — Khalid Sheikh Mohammed is not a criminal. He is a soldier in a war captured on a battlefield. That is not something our criminal justice system was designed to handle and should not handle.

I think Eric Holder is flat out lying when he said this past Sunday that Barack Obama had no knowledge whatsoever of the KSM decision until he was headed off to China. But, to be charitable, even were that true, it ignores the fact that Eric Holder, the Attorney General, should not have been the one to make the decision. Khalid Sheikh Mohammed was picked up on a battlefield, not an American street.

Khalid Sheikh Mohammed is not a gang member. Al Qaeda is not a gang. 9/11 was not a drive by shooting or even a gang land massacre. 9/11 was an act of war. Al Qaeda is the enemy. Khalid Sheikh Mohammed is a soldier in a war. Our system of justice is not set up to try soldiers captured on a battlefield.

It is willfully naive and damnably indifferent to civilian American lives and our system of civilian justice to think otherwise.

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James Galyean wrote a post on Friday afternoon that I think we probably ought to focus on a bit more.

The left is celebrating Barack Obama’s decision to send Khalid Sheikh Mohammed to New York City for a criminal trial in a civilian court. In fact, since Friday I have gotten a lot of hate mail from leftists saying I must not trust our due process system.

The problem, however, is just the opposite. I very much trust our due process system to be exceedingly fair to a terrorist who will put great value in his opening statement.

But, that is beside the point. As James Galyean noted, and this is well worth repeating:

Documents from that discovery production [ in the 1993 World Trade Center bombing case ], which were never supposed to be provided to anyone outside the defense team, were later found in an al-Qaeda hideout.

Further, let’s be honest — we know that no President of the United States would chance a man like Khalid Sheikh Mohammed going free. Barack Obama would not risk a civilian trial without being sure of a conviction. This then amounts to a show trial, but one where the prosecutors will have to comply with discovery requirements that will potentially put classified material into the hands of Al Qaeda.

It has happened before.

James Galyean is a former federal prosecutor and former counsel on the US Senate Judiciary Committee. He helped draft both the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006, which dealt with the detention, interrogation, and trial of Guantanamo Bay terrorist detainees. He is currently running for Congress in the 3rd Congressional District of South Carolina.
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The administration’s decision to try Khalid Sheikh Mohammed in federal criminal court in New York shows that President Obama is not serious about our national security. 


KSM conceived, planned, and launched the attacks that killed thousands of American citizens in a war that he and other terrorists declared. He is an avowed enemy of the United States. The criminal justice system is not the proper place to determine his fate. Our criminal courts provide protections to our citizens that should not be provided to a terrorist, and may actually damage national security.


Just think about the discovery requirements that could be placed on prosecutors. For instance, in the trial of the 1993 World Trade Center bombers, prosecutors were required to turn over to defense lawyers a large amount of intelligence information. Documents from that discovery production, which were never supposed to be provided to anyone outside the defense team, were later found in an al-Qaeda hideout. Let me say that again, confidential documents from a trial in New York were later found in the hands of al-Qaeda. 



Now consider that KSM was captured in a lightening raid in Pakistan. The intelligence that led to that capture has been the subject of a number of reports. However, al-Qaeda would love to know for sure where that information came from and how it was obtained. In addition to that, they may be able to learn a number of other things from discovery in this trial.


Consider for a moment the constitutional strictures regarding coerced confessions. Think a liberal judge might want to explore whether waterboarding is too coercive? Or being held in one of the CIA’s black prisons? 



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What do Khalid Sheikh Mohammed, mastermind of the September 11th terrorist attacks, and uninsured 20 year olds have in common?

In Barack Obama’s America, they both go to jail — but the terrorist has to be convicted first.

Consider this an open thread.

Pardon me if I am seeing red this morning:

Khalid Sheikh Mohammed, alleged mastermind of the Sept. 11, 2001, terrorist attacks, and four others accused in the attacks will be put on criminal trial in New York, Attorney General Eric Holder is expected to announce later Friday.

WHAT IN THE HELL IS WRONG WITH THESE PEOPLE?

So, Barack Obama will be staging his own New York production of Chicago, with Khalid Sheikh Mohammed as Roxy Hart (”You had it coming, you had it coming, you only have yourselves to blame….” ). We will be treated to months upon months of front page headlines giving a platform to this lunatic war criminal. The courthouses and City office buildings in lower Manhattan (City Hall, the state courts, the immigration offices, the Court of International Trade, the US Attorney’s Office, the DA’s office, and the main city office building that does marriage licenses and the like are all within about a two-block radius of the federal courthouses and the Metropolitan Correctional Center) will be snarled with massive security, as if lower Manhattan needs more traffic and more armed men. We’ll have to have pretrial hearings on the inevitable countless motions about how KSM was apprehended and the evidence against him collected, undoubtedly to the detriment of vital sources of intelligence, like when we lost the ability to track Osama bin Laden by cellphone after our tracing of his calls was revealed by a prosecution under the DOJ Criminal Division then headed by…Eric Holder. And that’s even before he starts in on the sob stories about being waterboarded. I’m not seriously concerned that KSM stands any chance of being acquitted, but a hung jury? It only takes one person with extreme political or religious views, one juror who just can’t abide the death penalty (even assuming Obama’s DOJ pursues it). Just imagine the controversy, if there are Muslims in the jury pool, over what questions prosecutors are permitted to ask them and whether they can be challenged. And of course, it sends the message to our enemies that there’s nothing you can do to us that will get you sent through a process rougher than the one we used on Michael Vick or Martha Stewart.

I know I have spoken and written many rough things about Obama, but as Michael Moore would say, most New Yorkers voted for the man - why is he doing this to us?

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This is insane.

Khalid Sheikh Mohammed, alleged mastermind of the Sept. 11, 2001, terrorist attacks, and four others accused in the attacks will be put on criminal trial in New York, Attorney General Eric Holder is expected to announce later Friday.

There have been reports in the past month about another potential terrorist attack disrupted in New York City. Bringing these high profile terrorist leaders to New York will just put a target on New York again.

Even worse, the White House is going to subject these terrorists to criminal trials in civilian courts. They will get all the due process rights of citizens in court and potentially will be able to get access to material evidence in a civilian court that could reveal intelligence we’d prefer them not to have.

In a splitting the baby moment, though,

in the announcement Friday will be plans to hold a military tribunal for Abd al-Rahim al-Nashiri, alleged to have planned the 2000 bombing of the USS Cole.

So, the man who blew up New York gets a civilian trial and the guy who blew up the Cole gets a military tribunal.

Perhaps Obama is banking on a jury of New Yorkers intent on hanging Khalid Sheikh Mohammed, but remember, if he goes to a jury in New York, he gets to wind his way through the system claiming he got no right to a fair trial.

If we’re talking show trials, this is more and more evidence of the Obama Administration developing all the characteristics of a third world kleptocracy or totalitarian regime.

Random side point: How much more will the deficit balloon to pay for Khalid Sheikh Mohammed’s attorney? Remember, the Supreme Court has been pretty clear that taxpayers have to fork over sizable change to give criminals adequate legal representation.

Let me say this without reservation, despite the left-wing assault when I twittered it: I do not doubt that more Americans will die at the hands of terrorists under the watch of Barack Obama than under the watch of George W. Bush.

Back on January 8th, I wrote

General Michael Hayden and John O. Brennan are career guys. They are not partisans. I could not tell you if either one was a Republican or Democrat or even if they voted.

They are professionals. But because they are connected to the Bush administration and the War on Terror, Obama is throwing them out.

These are the men who have kept us safe and alive for eight years. It was not Dick Cheney and Donald Rumsfeld forcing policy positions on the intelligence community. It was the intelligence community making recommendations that were embraced by Cheney, Rumsfeld, and ultimately the President.

In Barack Obama’s rush to release memos outlining the enhanced interrogation techniques used by the Bush administration upon recommendation by the intelligence community and approval by the Department of Justice on Khalid Sheikh Mohammed and others, the Obama administration has curiously refused to release two key details: (1) that the enhanced interrogation techniques were highly effective at revealing crucial, life-saving intelligence and (2) that the techniques were only approved after the events of September 11, 2001.

They want us to know that the Bush administration implemented interrogation techniques Barack Obama disapproves of, the people who allowed those techniques might be subject to prosecution, but will not reveal what data was gathered or the justification for the techniques.

Why? Because the American people might realize just how effective and the enhanced interrogation techniques were. For example, water boarding Khalid Sheikh Mohammed revealed enough data to prevent a second wave attack against Los Angeles, California.

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