Commentary Magazine


Topic: knowledgeable judge

Why Are We Doing This?

Former Attorney General Michael Mukasey had tough words for the mind-numbingly misguided decision to move KSM to New York for trial. For starters, he thinks Obama has increased the danger of a terror incident in New York:

“The question is not whether they’re going to escape. The question is whether, not only that particular facility, but the city [at] large, will then become the focus for mischief in the form of murder by adherents of Khalid Sheikh Mohammed — whether this raises the odds that it will. I would suggest to you that it raises them very high.”

And as for the rationale for moving the 9/11 mastermind to a civilian court, Mukasey explains:

“The plan seems to be to abandon the view that we’re in a war,” Mukasey said. “I can’t see anything good coming out of this. I certainly can’t see anything good coming out of it very quickly. And it think it would have been far preferable to try these case[s] in the venue that Congress created for trying and where they were about to be tried.”

Mukasey, a former federal judge who oversaw cases relating to the 1993 World Trade Center attacks, warned that a civilian court trial for the Sept. 11 plotters could produce “a cornucopia of information for those still at large and a circus for those still in custody.”

Mukasey is no political partisan. What he is, however, is the most experienced and knowledgeable judge in America on trying terrorists in civilian court. Perhaps the Obami should have sought out and listened to his counsel. Instead, they’ve come to believe the claptrap of the ACLU and the leftist lawyers who now populate the Justice Department.

They are out to prove a point about our traditions or legal system, or something. But wait. We didn’t try German soldiers in federal court, nor combatants in any other war. And our legal system currently provides for military tribunals, where the U.S.S. Cole terrorists will be tried. So what exactly is the reason for all this? When he returns from bowing to the emperor of Japan, the president, we suppose, can opine on American traditions and historical precedent.

Former Attorney General Michael Mukasey had tough words for the mind-numbingly misguided decision to move KSM to New York for trial. For starters, he thinks Obama has increased the danger of a terror incident in New York:

“The question is not whether they’re going to escape. The question is whether, not only that particular facility, but the city [at] large, will then become the focus for mischief in the form of murder by adherents of Khalid Sheikh Mohammed — whether this raises the odds that it will. I would suggest to you that it raises them very high.”

And as for the rationale for moving the 9/11 mastermind to a civilian court, Mukasey explains:

“The plan seems to be to abandon the view that we’re in a war,” Mukasey said. “I can’t see anything good coming out of this. I certainly can’t see anything good coming out of it very quickly. And it think it would have been far preferable to try these case[s] in the venue that Congress created for trying and where they were about to be tried.”

Mukasey, a former federal judge who oversaw cases relating to the 1993 World Trade Center attacks, warned that a civilian court trial for the Sept. 11 plotters could produce “a cornucopia of information for those still at large and a circus for those still in custody.”

Mukasey is no political partisan. What he is, however, is the most experienced and knowledgeable judge in America on trying terrorists in civilian court. Perhaps the Obami should have sought out and listened to his counsel. Instead, they’ve come to believe the claptrap of the ACLU and the leftist lawyers who now populate the Justice Department.

They are out to prove a point about our traditions or legal system, or something. But wait. We didn’t try German soldiers in federal court, nor combatants in any other war. And our legal system currently provides for military tribunals, where the U.S.S. Cole terrorists will be tried. So what exactly is the reason for all this? When he returns from bowing to the emperor of Japan, the president, we suppose, can opine on American traditions and historical precedent.

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