Attorney General Eric Holder suffered an embarrassing setback yesterday when the White House ordered the Justice Department to find another location for the trial of the 9/11 suspects. If true, this would be a troubling intervention of the White House into a pending criminal case and seems to follow political pressure on the venue for the trial.
New York Michael Bloomberg yesterday complained about the inconvenience and expense to New Yorkers if the trial were held in Manhattan. This follows opposition from Democratic and Republicans senators in even giving these defendants a fair trial in federal court — as opposed to a military tribunal that does not afford them the full rights under our Constitution.
Bloomberg stated that he would “prefer that they did it elsewhere.” Objecting that “[i]t would be an inconvenience at the least, and probably that’s too mild a word for people that live in the neighborhood and businesses in the neighborhood . . . There are places that would be less expensive for the taxpayers and less disruptive for New York City.”
It is very troubling to see such decisions being made by the White House under political pressure. The choice of venue is supposed to be made by prosecutors on the basis of the most logical venue after considering the location of the crime and other factors. We just ended a period in which the Justice Department was politicized by the Bush Administration to an unprecedented degree.
This story follows Obama’s statements that virtually assured the public of convictions, here. It also followed a very political press conference by Holder where he seemed to go out of his way to describe why a Manhattan venue would maximize the bias of a jury at the trial.
It also creates some serious logistical problems. Holder picked the New York prosecutors to handle the case over such rivals as the United States Attorney for the Eastern District of Virginia. If they move the trial outside of New York city, these prosecutors will have to move much of their offices or a new team selected.
It is also disconcerting to see such wavering in a major case. These are important decisions that should be made after thorough vetting and analysis. To order such a change at this stage not only shows political influence but a lack of planning within the Justice Department.
Sen. Chuck Schumer’s office said he was “pleased” with the decision and stressed that the change occurred after he spoke “with high-level members of the administration and urged them to find alternatives.”
According to the report below, the change caught prosecutors off-guard and one federal official observed “[t]hey’re in a tizzy at Justice over Bloomberg. It’s like a half-baked soufflé – the plan is collapsing.”
The problem is whether political pressure will now mount for a tribunal and, to paraphrase a popular song, “if you can’t make it in New York, you can’t make it anywhere.”
Maybe the Whitehouse could order the Justice Department to abide by the law.
The Justice Department is withholding documents demanded by this newspaper under terms of the Freedom of Information Act (FOIA). In so doing, the department is asserting privileges that do not exist or do not apply. Ironic as it may sound, Justice seems to be breaking the law.
The Washington Times’ FOIA request asked for documents pertaining to the department’s controversial decision to dismiss a civil complaint accusing the New Black Panther Party of intimidating Philadelphia voters on Election Day 2008. In response, the department said it would withhold 69 documents totaling 135 pages, including interdepartmental e-mails, drafts of court filings and briefing materials. The department claimed that “deliberative process” and “attorney work-product” privileges exempted the material from disclosure.
http://washingtontimes.com/news/2010/jan/27/justice-foils-foia/
I hope that the statement is not merely tongue in cheek. How about the Hague or Venezuela or someplace outside of the US where these folks are indeed afforded the appearance and hopefully a fair trial.
I certainly would not want it held here, would you?
Venezuela? Why there?
Never in my lifetime can I remember a president being dealt a deck of cards like the ones dealt to President Obama.
And it seems that the up coming elections will not make his job any easier,not only with this situation but with jobs,the economy etc.
I think all this hand-wringing about where the trial is to be held makes Americans look cowering and weak. It’s the result of years of Republican scare-mongering. We either have the cajones to put proudly these guys on trial in the full light of day or we don’t. If we don’t, and to an extent I feel even if the venue is changed, al Qaeda has won a victory. We already know defendents will use the platform to spew their hate. Don’t broadcast the trials and don’t publish their spew. They may be entitled to a trial, but many things can be done to minimize their propaganda value for al Qaeda. Try them, execute them and let’s move on.
rcambell said “Try them, execute them and let’s move on.”
Sounds very “Presidential”, but it leaves me shaking my head in disbelief.
Moving it out of New York is a good idea. I don’t want it in my backyard. I don’t think anybody wants it in their backyard.
I think an act of terrorism is an act of war, and should be dealt with in a military tribunal. If that is objectionable to some, then I suggest we turn to an international tribunal, or permit appeal from the military tribunal to an international tribunal. But that would open an other can of worms.
There is no good/easy answer.
Maybe its because the NY Governor asked President Obama on the View yesterday; to change the venue for the safety and mental status of all the New Yorkers still dealing with the 9/11 trama.
Peace out
Be patient and the federal judge might transfer the case to another venue when it is apparent it would be too difficult to impanel and impartial jury.
There are plenty of courts in the realm of MOMCOM you know. That would give new meaning to “appealing to the base”.
http://blogdredd.blogspot.com/2010/01/momcom-mean-welfare-queen.html
May I suggest Crawford or Dallas Texas…
That was good. FFLEO
I think Crawford is a great place. Its secure, far away, in the country. Parameters are intact, surveillance cameras, Ft Hood not to far away. Good venue, FFLEO.
Dallas, not so much to many street and grassy knolls.
My venue suggestion was in deference to the innocent Texans who post herein.
On a related issue, the Supreme Court of Canada’s decision concerning Guantanamo detainee Omar Khadr was released today.
http://www.theglobeandmail.com/news/politics/supreme-court-wont-force-khadr-repatriation/article1448678/
Full text:
http://csc.lexum.umontreal.ca/en/2010/2010scc3/2010scc3.html
rcambell:
Well said.
Well then maybe the can have it in Preston Hollow at Tom Hick’s home. He was kind enough to open his yard for a heliport for “W” use.
A side note or snide note, “W” has been good for Hicks’ as well. He had to sell the Rangers. It was for an amount that almost equaled the default
DALLAS — The company that owns baseball’s Texas Rangers and hockey’s Dallas Stars has defaulted on about $525 million in loans, with owner Tom Hicks saying on Friday that he intentionally made the move to help negotiate with banks.
http://sports.espn.go.com/mlb/news/story?id=4041596
Rangers owner Hicks agrees to sell team to Nolan Ryan group
The purchase price is expected to be more than $500 million.
http://www.cbssports.com/mlb/story/12828467/rangers-owner-hicks-agrees-to-sell-team-to-nolan-ryan-group
So whats good for the Country is good for Hicks.
Do these whiners really, actually believe that America is so weak that we can’t simply do the right thing and hold these criminals responsible through our imperfect, but generally excellent criminal justice system? Are they that afraid?
(As an off topic aside, apparently we have run out of people who are tortured or under threat of murder in dangerous countries around the world to whom we could grant asylum. We’ve worked our way down the list and we’re now on to protecting Christian home schoolers who have been unbearably harassed by the despotic government of Germany:
http://www.guardian.co.uk/world/2010/jan/27/german-home-schooling-family-asylum
I’m sure this decision points to the extraordinarily high caliber of our immigration judges. Oh, and how our immigration process is totally free from the influence of racism and/or religious extremists who influence our political system. Yep, just calling balls and strikes, I’m sure.)
TDA:
Good grief, that just makes a complete joke out of the refugee system.
I vote for Crawford. A jury of Texans!!
“There is no good/easy answer.”
That’s nonsense. The answer IS easy. Our criminal courts tried the blind sheik (I think in NYC) responsible for the 1993 WTC bombing, Timothy McVeigh, Jose Padilla….
NIMBY is a pretty lame reason to indict the American justice system and assume it can’t handle these trials. That’s precisely the kind of scaredy-cat wimpering I was talking about.
An act of terrorism in peace time is NOT an act of war, it’s a criminal act. Think Timothy McVeigh. In fact, during a war, actions such as what happened on 9/11 are simply acts of war with no legal repercussions.
Bush/Cheney claimed it an act of war because it fit into their plan to expand the powers of the President. They believed they could get away with torture via the unconstitutional use of Gitmo as a prison (the pre-Robert’s SCOTUS ruled otherwise). They were wrong to say the very least. Doing anything but trying these guys on American soil, in American courts and sending them away UFN continues their fear mongering and retards America’s healing. I’m not so sure conservatives want America to heal or to stop fearing, but thankfully, they’re not setting the agenda any longer and their twisted view of America and our judicial system does not prevail.
eniobob
1, January 29, 2010 at 8:32 am
Never in my lifetime can I remember a president being dealt a deck of cards like the ones dealt to President Obama.
—-I agree, and regular readers here know I’m no longer a fan of the President. This guy asked to sit in on a game that was rigged so far against him that just getting out of it alive will be a victory.
Former Fed,
I like your idea to move the trial to George W. Bush’s backyard. It would be poetic justice.
BREAKING NEWS: To All College Football Fans
WASHINGTON (AP) — The Obama administration is considering several steps that would review the legality of the controversial Bowl Championship Series, the Justice Department said in a letter Friday to a senator who had asked for an antitrust review.
In the letter to Sen. Orrin Hatch, obtained by The Associated Press, Assistant Attorney General Ronald Weich wrote that the Justice Department is reviewing Hatch’s request and other materials to determine whether to open an investigation into whether the BCS violates antitrust laws.
“Importantly, and in addition, the administration also is exploring other options that might be available to address concerns with the college football postseason,” Weich wrote, including asking the Federal Trade Commission to review the legality of the BCS under consumer protection laws.
Read More: http://sportsillustrated.cnn.com/2010/football/ncaa/01/29/obama.bcs.ap/index.html?xid=si_ncaaf#ixzz0e3LEU7OO
Get a free NFL Team Jacket and Tee with SI Subscription
FFLeo:
“May I suggest Crawford or Dallas Texas…”
****************
You’re a genius!
Obama Goes To GOP Lions’ Den — And Mauls The Lions
“So effective was the president that Fox News cut away from the broadcast 20 minutes before it ended”
http://www.huffingtonpost.com/2010/01/29/obama-to-republicans-dont_n_442213.html
Various posters: “NIMBY is a pretty lame reason to indict the American justice system and assume it can’t handle these trials.” … “it would be too difficult to impanel and impartial jury.” … it would be too difficult to impanel and impartial jury.” … “I don’t want it in my backyard. I don’t think anybody wants it in their backyard.” … “I certainly would not want it held here, would you?” … “Do these whiners really, actually believe that America is so weak that we can’t simply do the right thing and hold these criminals responsible through our imperfect, but generally excellent criminal justice system? Are they that afraid?”
——Impartial juries? There are few if any impartial juries in high profile crimes. I recall reading an editorial after one of the trials that came out of Watergate wherein the writer said he had absolute faith in the (guilty) verdict because it took so long to get a jury selected. It took so long because the lawyers were both aiming to get people that didn’t read or watch news about Watergate. the writer postulated that after 2 years + can one even imagine the depth of apathy, insulation or stupidity of the jury? And even they knew lawbreaking when the saw it. LOL. We’ll find the best jury we can because we’ve done it before. We’ll make do.
——-The better half and I were watching Giuliani yesterday and he was talking about how bad of a decision this trial being held in NY was and how the possibility terrorism in such a target-rich place needed to be factored into the decision and it just made me angry enough to eat glass.
After much revision my subsequent thoughts on the matter devolve into a rant, I’m just going to go with the rant:
If I were Eric Holder I’d address the matter on national TV and I’d say:
Stop listening to Giuliani, he’s too stupid to be giving advice about this or anything else. This is the same guy that put the emergency response command center in the Twin Towers AFTER it was hit the first time and ignored the mandate to make sure Police and Fire radios could cross-talk; he got a hundred plus firemen killed- F*** him, stop listening to him.
Get off your knees, stand up and stop cowering in fear, Americans don’t cower. If you want to find a dark hole and cower then go join Al-Qaeda, go live in a cave with them. Americans that cower before their enemies are traitors. America doesn’t base its actions on appeasing traitors.
We are going to move the place of trial. We’re going to hold the trial in the hole where the Twin Towers stood. We’re going to bring in folding chairs and tables for the court and put the court where the crime was done.
We will spare no expense on security or any expense to get it done. Anybody can watch if they want to bring a chair and sit behind the fence. Justice should be public, not tucked away on some island somewhere out of sight using some shortcut system where the fix is in. KSM will get the chair, walk, or the case will be thrown out because we tortured him, it doesn’t matter; win, lose or draw, justice will be done. It’s all about the justice.
“So effective was the president that Fox News cut away from the broadcast 20 minutes before it ended”
It’s because they realized it was the same ol B.S.
Health care discussions were actually on CSPAN:
Go git ‘em Katz…
If defendant KSM receives a fair, transparent trial and he is convicted, how many opponents of the death penalty would agree to a penalty of death for him?
FFLeo:
“If defendant KSM receives a fair, transparent trial and he is convicted, how many opponents of the death penalty would agree to a penalty of death for him?”
************************
Not me. Let him see the triumph of Western justice tempered by mercy rather than the perverted “justice” of his own barbarism that he so ruthlessly craved.
“If you would convince a man that he does wrong, do right. But do not care to convince him. Men will believe what they see. Let them see.”
~Henry David Thoreua
Mespo,
Very well stated, perhaps the best justice, although I respectfully disagree. Good Thoreau quote.
Lottakatz:
“I agree, and regular readers here know I’m no longer a fan of the President. This guy asked to sit in on a game that was rigged so far against him that just getting out of it alive will be a victory.”
I had one of those out of the blue busy days and didn’t catch this until tonigt.maybe you saw it,if not check it out.
http://www.huffingtonpost.com/2010/01/29/transcript-of-president-o_n_442423.html
Bdaman
“It’s because they realized it was the same ol B.S.”
I’m sure that’s why (from the article about the event)”…a Republican official and other GOP aides had confided to him that allowing the “cameras to roll like that” was a “mistake.”
eniobob: “Lottakatz: “ (I) didn’t catch this until tonigt.maybe you saw it,if not check it out. (link to rep retreat)
http://www.huffingtonpost.com/2010/01/29/transcript-of-president-o_n_442423.html
—–We absolutely elected the smart one. And no teleprompters. I saw experts tonight and the Republicans looked like the second-stringers they are acting like. It was a political masterpiece. I almost hate to watch him because if I think of him as a typical politician it’s easier to hate his inactivity and disrespect him for failing in the areas I think are crucial to the Republic. But then to see the Republicans at the SotU address and watch him walk into that nest of vipers armed with his wits alone (and factor in the Blue Dogs) and it’s impossible to maintain ALL of my ideological purity. Stacked deck.
It’s just amazing that the DNC is fumbling the ball so badly, they need to go back to the 50 state strategy instead of abandoning it as Rahm Emanuel advocates; obviously there needs to be 61 real liberals in the Senate to get anything done. It would be a wonderful thing to see a smart President with an unshakable majority in the Senate. Between the Republicans, Blue Dogs and cheap ho’s in both houses I fear the Republic is lost.
I’ll read the transcript, thanks for the link
“saw excerpts tonight “
From what I saw of this discussion between the President and the Republicans A quote I saw came to life:
“Most people assume the fights are going to be the left versus the right, but it always is the reasonable versus the jerks.
Jimmy Wales, Keynote Speech, SXSW 2006″
Permalink 01/29/10 @ 19:57 “