Congress is again showing its traditional contempt for the rule of law this week with members crying foul that Sulaiman Abu Ghaith, an Al Qaeda spokesman and son-in-law of Usama bin Laden, would be actually given a fair trial. Senators like Lindsey Graham (who just yesterday condemned a fellow Senator for standing against Obama kill list policy) has denounced the decision not to give Abu Ghaith a military tribunal trial where basic constitutional protections are denied to detainees.
Abu Ghaith pleaded not guilty in federal court to charges of conspiracy to kill Americans. Republican Sens. Lindsey Graham and Kelly Ayotte, called the Obama administration’s decision to bring Abu Ghaith to court in New York City “sneaky.” It is now considered “sneaky” to give an accused person a fair trial. Such comments are an on-going embarrassment to this country as was Obama’s decision to continue to play a Caesar-like role in sending some detainees to Gitmo for a trumped up trial and some to a real court of law.
Graham and others continually remind the world of our hypocrisy in the treatment of detainees. We have created two systems of law — one for average people and one for people we hate or fear. It is the very antithesis of the rule of law and has been rightfully condemned around the world. While senators continually refer to who these defendants are, they spend little time discussing who we are and who we have become since 9-11.
As someone who has handled national security and terrorism cases, I can say that the odds remains exceptionally high for conviction in such cases. Before 9-11, a loss of such a case was exceptionally rare. We have a crisis of faith where we have lost our trust in our Constitution and our court system. With each of the tribunal trials, our credibility falls and the enemy succeeds. Terrorism is designed to change the way people act; to cause self-inflicted wounds. The greatest such injury is to turn our back on our core principles of due process and equal treatment. The administration should be commended for trying this man in a real court and should go further to shutdown the tribunal system which have produced few convictions while destroying the credibility of this nation.
Source: Fox
Lindsey Graham Is Nervous
By Charles P. Pierce
Mar 8, 2013
http://www.esquire.com/blogs/politics/The_Vapors_Again
United States authorities have arrested a fat guy in Jordan. The fat guy was so out of shape that he recently was staying in a luxury hotel in Turkey rather than jihadding up a storm in the mountain passes of Waziristan. This is a big deal because the fat guy is the son-in-law of Osama bin Laden, and he’s been spouting off, and much worse, for over a decade, and now that they’ve got him, the feds would like to put the old fat guy on trial. convict him, and send the fat guy off to Chateau du SuperMax until time shall be no more.
Which is, of course, Lindsey Graham’s cue to come up with the shivery shakes. Again.
“If this man, the spokesman of 9/11, isn’t an enemy combatant, who is??…”he should be going to Gitmo. He should be kept there and questioned.”
Yes, because the nation and the world is crying out for us to start filling up that place again. This wasn’t somebody whom we can’t try because we tortured him, or hired the job out, and now the evidence is inadmissable because we all became dingbats about law enforcement after 9/11. This was a classic bust at an airport. This is what should have happened to Whitey Bulger back in the day. This isn’t a deadly dangerous guy who’s going to shoot magic Muslim beams out of his eyes and melt the walls of the courthouse around him. This is a fat guy we picked off an airplane in Kuwait. It’s time we all climbed out from behind the chiffarobe and started acting like a grown-up democracy again, and Lesson No. 1 is to stop listening to senators overcome by The Vapors. I hate to overwork the old girl on Graham’s behalf but, really, now.
“We have a crisis of faith where we have lost our trust in our Constitution and our court system.”
JT,
I must disagree. With Lindsey Graham and his ilk, they never had any faith in our Constitution to begin with. Their faith only resides in the expediency of getting what they want by whatever means possible.
The Courts do not have faith in them at all. Faith is waiting for death to be no more. KJV,1 Corinthians 15:55.I ,and having faith in Jesus even thought with your eyes not able to see him have faith that one day he will appear. Jesus has mercy in him. Courts have no mercy. Jesus says overcome evil with good. What does the court system do? They give evil for evil is what they do scoffing at the one who is the king of faith Jesus Christ.
bettykath,
No one could conclusively ascertain who gave the order/fired… but that just might be changing as forensic technology has taken quite a leap forward and there is an audio tape!
KSU was just up the street from where I was living at the time of the Massacre. The town was a wreck from rioters. The truckloads of National Guardsmen being shipped in was scary as he!!.
SWM, My comment to you got picked up by the censor. So, I would suggest you put, Greedy, Lying, B@stards on you list of movies to watch. Just read about it in rainy San Diego. Emporer gets tepid reviews, I will probably pass.
The Boston Massacre was more like the Kent State massacre where the Ohio National Guard opened fire at Kent State killing 4, injuring 9. 8 guardsmen charged, none convicted. Guess the students shot themselves.
“We have created two systems of law — one for average people and one for people we hate or fear.”
I would argue we have three system, the two above as you describe, and a third for the rich and well connected where they can rob banks, facilitate murder through drug loads (thus reap profits in the banking of drug money) and face no criminal charges.
Yes indeed, this “terrorism” cry has gone on far too long.
“It is the very antithesis of the rule of law and has been rightfully condemned around the world.”
Crazoids like Lindsay Graham have done a lot to bring our reputation for sophisticated jurisprudence down to historic levels.
Senators like Lindsey Graham should refresh their memory of the Boston Massacre trials with John Adams defending the British soldiers.
Basically, 5 protesting citizens died of gunshot wounds fired by 8 British soldiers on the night of March 5, 1770 who were then indicted and formally arraigned on charges of murder in connection with the massacre. John Adams agreed to lead the soldiers’ defense and Robert Quincy (also a signer of the Declaration of Independence) was assigned as prosecutor. The soldiers were tried before the Superior Court of Judicature in Boston. (Sept. thru Dec. 1770)
Six of the soldiers are acquitted on all charges. Two soldiers, Montgomery and Killroy were convicted of manslaughter but then pleaded “the benefit of clergy” to reduce their punishment to branding. Sheriff Greenleaf branded the two men on their right thumbs. The soldiers returned to the Twenty-ninth Regiment, which had left Boston following the Massacre.
“I have reason to remember that fatal Night. The Part I took in Defense of Captn. Preston and the Soldiers, procured me Anxiety, and Obloquy enough. It was, however, one of the most gallant, generous, manly, and disinterested Actions of my whole Life, and one of the best Pieces of Service I ever rendered my Country.” –John Adams
That’s who we are, Senators.
anonymuse,
it is the correct thing to do. Our system is designed to handle criminals just like Abu Ghaith.
All are criminals because of what our body does to life, and because the body dies. The KJV does not say condemn be condemned for nothing.
Yesterday? That never happened. Tomorrow? Doesn’t matter. Today is all that counts because people/country don’t care what we just said yesterday. (And only party counts so I will say whatever I think will get them behind me.)
He’s an enemy combatant captured outside the United States. It sets a bad precedent.
Don’t you know that religious people think captured? One side needs to stop teaching the other how to be like the people against Jesus. When they do both sides will be like Jesus.
Good catch Swarthmore! It is also interesting that a day or two after Lindsey Graham scolded Rand Paul for scaremongering and encroaching on executive authority, he does the exact same thing.
That’s quite a statement from the aspiring presidential candidate, Rand Paul. It is clear to see whom he was trying to appeal to.
Rand Paul: Try, Convict and Lock Up Terrorists In Guantanamo
Published on 19 November 2009 by admin in General News
For Immediate Release
November 19, 2009
BOWLING GREEN, KENTUCKY – Leading United States Senate candidate Rand Paul today criticized the Obama administration’s decision to close the Guantanamo Bay detention center and try terrorism suspects in United States Civil Courts.
“Foreign terrorists do not deserve the protections of our Constitution,” said Dr. Paul. “These thugs should stand before military tribunals and be kept off American soil. I will always fight to keep Kentucky safe and that starts with cracking down on our enemies.”
http://www.guardian.co.uk/commentisfree/2013/mar/06/obama-promise-close-guantanamo-worse “Obama promised to close Guantánamo. Instead, he’s made it worse”
I put this on that page.
Jailing never solves anything. jailing is the devils way. People need to stop letting fear guide you. That never ends well. Jesus says love your enemy. That saves your soul. Fear losing the body, war. Jesus sets people free. How about doing what Jesus would do.
http://www.emptywheel.net/2013/03/08/how-long-was-abu-ghaith-detained-in-jordan-was-he-tortured-there/ “How Long Was Abu Ghaith Detained in Jordan? Was He Tortured There?”
Do people know scripture?’
Forgiveness
(Matthew 18:21-35)
14Bless them which persecute you: bless, and curse not. 15Rejoice with them that do rejoice, and weep with them that weep. 16Be of the same mind one toward another. Mind not high things, but condescend to men of low estate. Be not wise in your own conceits. 17Recompense to no man evil for evil. Provide things honest in the sight of all men. 18If it be possible, as much as lieth in you, live peaceably with all men. 19Dearly beloved, avenge not yourselves, but rather give place unto wrath: for it is written, Vengeance is mine; I will repay, saith the Lord. 20Therefore if thine enemy hunger, feed him; if he thirst, give him drink: for in so doing thou shalt heap coals of fire on his head. 21Be not overcome of evil, but overcome evil with good.
King James Bible
Actually, I think Spain should be where this trip should occur…. I noticed I put trip…it should be trial…. But hey…. Regardless of where he’s tried within the US confines….. I’m almost certain…. He will not get anything resembling Due Process….
Brennan may still drop a hellfire on him.
Actually, we have three systems of law: rich, average and hated.
But you point is well taken; members of Congress need to reread both the Constitution and their oaths – they display either abysmal ignorance of willful disregard.