As experienced defense lawyers well know, when there is no mystery about whether the defendants have committed the charged offenses, and when there is controversy attendant to the government’s investigative tactics, the standard defense strategy is to put the government on trial.RTWT, but here's a little more.
candidate Obama and his adviser, Holder, rebuked the Bush counterterrorism policies and promised their base a “reckoning.” Since President Obama took office, Attorney General Holder has anxiously shoveled into the public domain classified information relating to those policies — with the administration always at pains to claim that its hand is being forced by court orders, even though the president has had legal grounds, which he has refrained from invoking, to decline to make those disclosures. Moreover, during a trip to Germany in April, Holder signaled his openness to turning over evidence that would assist European investigations — including one underway in Spain — that seek to charge Bush-administration officials with war crimes (which is the transnational Left’s label for actions taken in defense of the United States).
Never mind the fact that this will give intelligence info directly into the hands of al-Qaeda.
From indictment to trial, the civilian case against the 9/11 terrorists will be a years-long seminar, enabling al-Qaeda and its jihadist allies to learn much of what we know and, more important, the methods and sources by which we come to know it. But that is not the half of it. By moving the case to civilian court, the president and his attorney general have laid the groundwork for an unprecedented surrender of our national-defense secrets directly to our most committed enemies.
Congress, which controls court jurisdiction, should intervene to prevent this. Even if the Dems are unlikely to turn on Obama, the Republicans in Congress should be raising a huge hue and cry. There is no way a well-informed citizenry will stand for national suicide.
Here is my question assuming this feckless Congress does nothing: will this work?
Has it not the possibility --even probability--of ending in a complete repudiation of Obama and justification of Bush?
Isn't it probable that evidence against KSM will be ruled inadmissable and the trial thrown out on that ground? In fact, isn't that the best case scenario for the country at this point? And won't that be a PR disaster for the Dems?
