Further evidence in support of the proposition that the Obama Administration’s proposed criminal trial of Khalid Sheikh Mohammed is a sham:
WASHINGTON – Accused Sept. 11 plotter Khalid Sheikh Mohammed is likely to be executed after being tried and convicted, White House spokesman Robert Gibbs said Sunday.
As Cynthia Kouri notes at Firedoglake, there’s something about Gibbs’s statement that isn’t quite right:
In a real trial, the outcome is not known before the trial occurs. Further, much of the information in the hands of the government which will be used at trial against KSM should currently be Grand Jury Material, subject to secrecy under Rule 6e. Which means that you, Robert Gibbs, cannot legally know exactly what that evidence might be. So, how could you possibly know if KSM is going to be convicted? How do you know that?
Perhaps he got the idea from President Obama, who already declared KSM guilty, or from Attorney General Holder, who said that Mohammed will not go free regardless of what happens at trial.
This trial is a sham, as Jonah Goldberg noted back in November:
Every day it appears more and more that the White House wants it both ways. They want to claim that this is a fair trial but also an act of venegeance. The terrorists will be treated as if they might be innocent — key to a fair trial — but at the end of the day they’ll get their comeuppance. If KSM & Co. get off on a technicality, don’t worry, they’ll still be locked up, but when they’re convicted the White House will claim it was always a fair process. They’ll get a fair trial from an impartial jury in New York, but it’s “fitting” and “poetic justice” that the jury will be drawn from the community that was viciously attacked on 9/11. Fair but vengeul, honest but foreordained, instructive to the world but really just about the law: The rhetoric from the White House and the Democrats isn’t persuasive to those who listen closely and certainly won’t be persuasive to foreigners Obama is determined to impress.
The point of all of this is to show that the rule of law is intact, but what the White House is doing is in fact undermining the legitimacy of the legal system by having it do something it shouldn’t. Obama, Pat Leahy, and the rest preen as if they are morally superior for preferring civilian courts, but what they are doing is undermining civilian courts, and it gets worse every time they open their mouths.
I’m at a loss to understand just what it is Obama and Holder think they are accomplishing here. They say we need to show the world that we are committed to due process even for mass murderers like KSM and, at every turn, they make it clear that the verdict against Mohammed is already pre-ordained. It’s a show trial, pure and simple.