As the esteemed 17th President of the United States Andrew Johnson once said, "Someone cue up
Gwen Stefani. I need some banana-related background music."
The case of Eric Holder and the Obama Administration transferring the Khalid Sheikh Mohammed 9/11 trial from military court to civilian federal court sets quite a unique precedent.
It muddies the water as to what soldiers need to do when "capturing/arresting" terrorists on the battlefield (i.e. can they be interrogated with out an attorney?).
It communicates a message that the stance of the United States of America is that terrorism is a criminal act, not an act of war.
It complicates extradition and evidence usage if involving countries that don't agree with the States stance on the Death Penalty (i.e. Germany).
None of these per se are wrong. But they do establish a different precedent and it doesn't appear the Obama administration has thoroughly thought through the ramifications completley (as evidence in the Lindsey Graham questioning of Eric Holder).
But what drives me most bananas about the KSM trial transfer can best be explained by another case Holder represented while an attorney at the very prestigious, DC-based firm
Covington & Burling.
Let's get one thing straight, Eric Holder is a very smart man and a damn good attorney. You wouldn't so much as get your resume looked at for an
internship at Covington & Burling with out being intelligent, gifted and talented, let alone land a job there. While at Covington & Burling, Holder represented
Chiquita International Brands (you know, the bananas) in the first case of a major U.S. corporation being convicted of financing terrorism.
What basically went down was Chiquita paid $1.7 million dollars to the terrorist organization
United Self-Defense Forces of Colombia as "protection money." According to the United States government, this money was used by the USDF to purchase arms and commit terrorist acts of violence.
So what does this have to do with KSM and 9/11? Chiquita is an
American company based in Cincinnati, OH. As such, they are protected under the U.S. Constitution and are granted rights and protections.
- Chiquita was innocent until proven guilty.
- Chiquita was not required to testify against themselves.
- Chiquita deserved fair (and probably received fantastic) legal counsel.
Khalid Sheikh Mohammed and others are not Americans. They have never been Americans. And nowhere in our Constitution does it grant rights to non-Americans. Nor can it. The jurisdiction of the Constitution ends at the United States borders.
So why if terrorism is an act of war, and the terrorists are not legal citizens of the United States, are we now establishing a precedent that they should receive the same rights and privileges as civilian Americans? What purpose does that serve?
Now I don't know if the Obama administration is just moving the trials so as to expedite the process of closing Gitmo, or if they are trying to establish new policy and precedent for all terror related cases. But I do hope they have thought through all of the ramifications of their actions, as it is doubtful one could argue their actions are making the US a safer and more just society.