The outrages perpetrated by the Obama administration have come so thick and fast that it’s easy to lose track of them. But for me, one of the worst has been the removal of the KSM trial from the military to civilian courts, and from Guantanamo to New York (see this for my previous post on the subject).
The decision is bad in virtually every way, and it’s been difficult even for supporters to come up with a benign but rational interpretation for it. The transparent reason for the removal appears to be the need to slam the previous administration’s treatment of terrorists and allow Obama to claim once again—an assertion he keeps repeating over and over—that he has ended the “torture” allowed by Bush and Cheney.
Andrew McCarthy was the prosecutor of the 1993 WTC bombing trial, and as such he knows the subject of terrorists and the law far more intimately than most—and certainly much better than Attorney General Holder, who disgraced himself during recent Congressional hearings on the subject when he seemed to know virtually nothing of the law and to care little about it as well.
McCarthy’s most recent piece on the KSM decision is an evisceration of the Holder/Obama decision. McCarthy writes that it was a highly irrational choice if you evaluate it in terms of Holder’s stated justifications.
It’s worth reading the whole thing; a short excerpt doesn’t do justice to the scope of McCarthy’s argument. But make sure you take a tranquilizer first, because your sense of outrage might just reach a fever pitch otherwise:
In sum, by moving the case to civilian court this far into the process, the Obama administration sinks down the drain the years of work that went into pretrial litigation in the military court ”” work that cost taxpayers untold millions of dollars. That is, despite that talk about avoiding delay, the administration has gratuitously saddled the public with years of wasted effort, years of extra work, and mountains of extra expense…
KSM & Co. were ready, a year ago, to plead guilty in their military commission and proceed to execution. If the Obama administration had gone forward with the case, it would already be over.
The administration has taken a case that was ripe and ready for a swift, successful conclusion ”” a case in which prosecutors and the public had invested enormous effort and expense ”” and turned it into what will be a years-long struggle. At the end of that struggle, after terrorists have used our courts for three or more years to put our government on trial, the outcome will be less sure. Yes, convictions still will be likely, but capital sentences will be anything but certain. Indeed, civilian juries have already declined to hand down death sentences for Moussaoui and for two of the 1998 embassy bombers.
I happened to watch Sean Hannity’s TV show last night, because he had a special on the KSM trial. It was excellent, and featured McCarthy (among others), as well as an audience of 9/11 families and first-responders. The outrage (there’s that word again) among them all was palpable. Quite a few members of the audience were liberal Democrats who had voted for Obama, and they were shaking their heads in confusion and anger.
My guess is that Obama and Holder are counting on the fact that the public is distracted by so many other crises that it won’t be paying much attention. But that calculation may change once the trial begins—although, at the current rate, that may not be for several years. Let’s hope for everyone’s sake that it occurs before the election of 2012.
