President Obama, Eric Holder, the Attorney General of the US, and now White House Press Secretary (see video below) have all said Khalid Sheikh Mohammed will be convicted and executed. They claim this is showing the world how the justice system works in America. It actually does just the opposite. It shows absolute contempt for American jurisprudence when the head of the US Government tells the world that Khalid Sheikh Mohammed has already been found guilty in the President’s view and that the court will too. In addition, it will sentence him to be executed! The real message they send to the world is that those in power will decide not only one's guilt or innocence but their sentence too. Is that the “American Justice System” they wanted to demonstrate to the world? Yikes!
Can you say Germany 1939? USSR 1950? Cuba 1960? Cambodia 1970? These recent pronouncements by people in power in America about Khalid Sheikh Mohammed are chillingly similar to ones made in those tyrannies of the past.
In the military, a commander violates the law if he tells a court martial that they expect specified findings or sentence. Article 37 of the Uniform Code of Military Justice, titled, "Unlawfully Influencing Action of the Court" is pretty specific what command behaviors are prohibited. Between Obama, Holder, and Gibbs, they have specified the trial outcome and the sentence too.
Is there a similar statute regarding "undo influence" in Federal Law? I suspect so. It is a condition that exists any time one person takes advantage of a position of power over another person that has no option or free will. They must submit.
The inconvenient truths are that as a result of President Obama's and his minion’s words, Khalid Sheikh Mohammed cannot get a fair trial under the UCMJ because Article 37 has been violated by the Commander in Chief and probably cannot get one in Federal Court either.
Under real American jurisprudence, the one the administration says they want to highlight, "blind justice" not emotion is the foundation of the system. The accused is tried by a jury untainted by previous opinions or influences so they make a judgment based upon the evidence presented and the law, not emotions and not the directives of those in power.
If an individual, remember who is innocent until being found guilty, cannot get a fair trial they must be released. Given that the administration has now made it impossible for Khalid Sheikh Mohammed to get a fair trial under the UCMJ or in civilian court they have pretty much guaranteed he must be set free ... if the American jurisprudence performed as designed. Was that the Administration's true and insidious plan all along? One must wonder. As attorneys, they knew better. As politicians, they should have know the coercive impact of their words.
What they have done now is create a huge injustice no matter what the outcome of the trial. Either Khalid Sheikh Mohammed will not get the justice he deserves because of undue influence from the Administration or the thousands he killed will not get the justice they deserve. And sadly, the one thing the administration has done best, to their shame, is make a complete mockery of the American justice system that they wanted the world to see. How perverse and wrongheaded can that be?
I've been to three county fairs, a goat roping and two tractor pulls (so I have been around). This is the most screwed up mess I have ever seen in my life. What is wrong with these people? They have criticized everything Bush did for the last 8 years and now use his actions to prove they are correct. Huh?
I've been to three county fairs, a goat roping and two tractor pulls (so I have been around). This is the most screwed up mess I have ever seen in my life. What is wrong with these people? They have criticized everything Bush did for the last 8 years and now use his actions to prove they are correct. Huh?
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