Conspiracy to commit murder? Terrorism? I am sure there is a whole laundry list of charges that can be brought against him. The question is, can they be sustained?
There is some question of that I would think. After-all the procedures in a Military / war situation and a civilian criminal case are radically different
Very few if any of the rights and procedures guaranteed to a civilian criminal suspect were followed in his capture.
Additionally, the administration wants to try him in New York City. I understand that this is where his crime occurred, but do they really think they can find an impartial Jury?
I would think Change of venue would be the very first motion filed. Can you even find an impartial Jury anywhere in the US?
There has been a lot of coverage given to the case. enough that one could argue All potential juries are tainted.
Also, does the Government have sufficient evidence to secure a conviction without compromising our intelligence community?
Eric Holder claims he does. I remain skeptical.
I worry that regardless of the evidence available, that by the standards of civilian criminal court the case is hopelessly tainted.
On the other hand khalid sheikh mohammed had indicated that he may represent himself. In that case he almost certainly would not have the best defense possible.
Which is a bad thing. If we are going to make the mistake of trying him in a civilian court then we had better make sure he has the best defense that is possible.
If not, then the claim will be the case was a put-up and a show trial. While some are going to say that anyway I am sure the credibility will be less if he has a top legal team.
Whereas if he tries to bungle through the case by himself it makes him the victim of the US kangaroo court in the eyes of our critics.
I don't think we can just grab him and stuff him in a cell somewhere for the rest of his life. As a human being who was captured, he should have a trial.
But this is in a war situation and I think a Military tribunal is probably the best course, or the least worst.
In a military tribunal you get the trial and US military secrets are preserved.
On the Domestic front, this is a Major Political gamble for Obama's administration.
If they secure a conviction, the death penalty, and a swift execution then he can play up the triumph of US courts to handle terrorism
without the need for the harshness of the Failed Bush tribunals.
On the other hand, if for some reason the case falls apart and he walks then it will be a massive PR failure
for the Democratic party. One which the Republicans will be able to pounce on and will certainly hurt them severly in the next round of elections.
