How can a case against a foreign enemy apprehended by another government possibly be prosecuted within the rules of domestic criminal procedure? Khalid Shaikh Mohammed obviously was never Mirandized. What can Eric Holder and Barack Obama possibly be thinking? Are these people hopelessly naive?
Andrew McCarthy doesn’t think so. He thinks they know exactly what they’re doing.
We are now going to have a trial that never had to happen for defendants who have no defense. And when defendants have no defense for their own actions, there is only one thing for their lawyers to do: put the government on trial in hopes of getting the jury (and the media) spun up over government errors, abuses and incompetence. That is what is going to happen in the trial of KSM et al. It will be a soapbox for al-Qaeda’s case against America. Since that will be their “defense,” the defendants will demand every bit of information they can get about interrogations, renditions, secret prisons, undercover operations targeting Muslims and mosques, etc., and â€” depending on what judge catches the case â€” they are likely to be given a lot of it. The administration will be able to claim that the judge, not the administration, is responsible for the exposure of our defense secrets. And the circus will be played out for all to see â€” in the middle of the war. It will provide endless fodder for the transnational Left to press its case that actions taken in America’s defense are violations of international law that must be addressed by foreign courts. And the intelligence bounty will make our enemies more efficient at killing us.
Read the whole thing.