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Abrogating Duty

16 November 2009

Here, in a tightly argued column, is the political case against bringing Khalid Sheikh Mohammed and four other terrorists to NYC for trial in the civilian court system.  Here are some legal arguments proffered for KSM’s defense.  And below is an excerpt – minus the invective for which she is rightly famous – from a blonde lawyerette the liberals love to hate:

Members of Congress have it in their power to put an end to this lunacy right now. If they don’t, they are as complicit in Mohammed’s civilian trial as the president. Article I, Section 8, and Article III, Section 1 of the Constitution give Congress the power to establish the jurisdiction of the lower federal courts and to create exceptions to that jurisdiction.

Congress could pass a statute limiting federal court jurisdiction to individuals not subject to trial before a military tribunal. Any legislator who votes “nay” on such a bill will be voting to give foreign terrorists the same legal rights as U.S. citizens — and more legal rights than members of the U.S. military are entitled to.

At best, it is a case of the president’s brazen negligence with respect to his most solemn responsibility.  At worst, it is a willful exercise of…well, qb doesn’t even want to contemplate such a possibility, no matter how plausible it might actually be.

qb

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2 Comments leave one →
  1. 17 November 2009 9:31 am

    Hmmm. McCarthy’s case is a largely political one, not a legal one: it justifies the Bush administration’s extra-legal and extra-constitutional actions. It is a more sophisticated form of Obama bashing and echoes the wet dream of the Far Right: The only good terrorist is a dead terrorist. These guys are criminals without a national base, just like the drug cartel terrorists. They should be tried not as combatants and war criminals. They deserve life imprisonment where they are required to watch looped tape of the Oprah and Barbra Walters interviews of Sarah Palin with a contemporary Christian tune as background. Torture well-deserved.

    Blessings!

  2. 17 November 2009 9:46 am

    Buchanan has now weighed in with the legal implications. Momentous. qb

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