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Thursday, November 18, 2010

Acquitted on all but one count

In the biggest legal embarassment to a prosecutor since the OJ trial, the first Gitmo terrorist tried in federal court was acquitted on all but one of over 280 counts brought against him. The result was not a surprise since the judge had previously ruled that a key witness could not testify since his name had been uncovered in an interrogation that did not meet all of the required safeguards afforded to regular US criminal defendants. Indeed, this is the very reason that it was a crazy decision by the Obama Administration to try the terrorists in civilian courts.

It is hard to imagine a bigger embarrassment on this front for the Administration. I suppose that there could have been an acquittal on all counts for this man who admitted that he bought the explosives and helped carry out the attacks on the US embassies in East Africa in the late 1990's. A great many people were killed, but the defendant was acquitted of murder. This is one of thos cases for which Eric Holder said that failure was not an option. Now failure is the result.

Hopefully, this result will push Obama into trying KSM before a military tribunal and ending the silly move to try the terrorists in civilian courts. These are not regular American defendants who are entitled to all sorts of constitutional rights. These are enemy combatants who are bent on killing the innocent as part of their battle plan.

Beyond the move back to the military tribunals, it would also be a good idea for Obama to get rid of Holder. In two years as AG, Holder has just been trouble. I was trying to remember any success he had, but so far his biggest victory has been against the state of Arizona in trying to overturn a valid law passed there.

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