Dick Morris: Obama's Sheik Mohammed decision has painted NYC with a big bull's eye
by Dick Morris
Columnist
November 17, 2009 01:00 AM | 362 views | 2 2 comments | 4 4 recommendations | email to a friend | print
President Obama's decision to put Khalid Sheikh Mohammed on trial in New York City along with four others accused of helping destroy the World Trade Center and attack the Pentagon on 9-11 paints a bull's-eye for terrorists right on New York City, their favorite target. Now Obama has identified where the terrorists should focus their energies - on New York City.

His decision to bow to political correctness and not to try Mohammed at a secure military base and to try him in a civilian court, according him all the rights of an American citizen, raises important questions:

Most importantly, is the admissible evidence against Mohammed damning enough to secure a conviction? The evidentiary requirements protecting an American citizen on trial are far stricter than those that would apply to an enemy combatant before a military tribunal. We already watched how the 20th hijacker, Zacarias Moussaoui, escaped the death penalty because the evidence the government could use against him in a civilian criminal court was limited by his civil liberties. As a result, the data from his computer, which had not been seized pursuant to the Fourth Amendment, could not be entered into evidence against him. Failing such evidence, the Feds had to settle for a life sentence.

Since much of the evidence against Mohammed was gathered through interrogations before which he may not have been read his Miranda rights and during which he may have been water-boarded, one wonders how much of his statement that he was the mastermind of 9/11 is going to be admissible. It could be that he will use the very Constitution of the very government he seeks to destroy to protect himself from the death penalty or even life in prison.

The decision to try him in a civilian court also confronts the Department of Justice with a difficult decision on how much of the evidence against Mohammed should be aired publicly. Our anti-terror investigations depend on secrecy, and the FBI and Homeland Security agents may not relish having their methods publicized in open court. There is even the possibility that there will be a global backlash in favor of Mohammed as his defense lawyer - paid for by the American taxpayer - will make him appear to be the victim of overzealous investigators and prosecutors rather than the perpetrator of one of the greatest mass murders in history.

In any event, President Obama is affording the terrorists exactly what they wanted in the first place - a global stage right near New York's theater district. The very goal of terrorism is to attract worldwide attention and, by trying Mohammed in a civilian court in the middle of New York City, President Obama is giving them the stage they want on which to articulate their perceived grievances.

Finally, there is the disturbing question of what will happen if Mohammed and/or his some of his confreres are found to be not guilty. Where will they be released? Will they walk out of the courtroom free to prowl the streets of New York, their transportation having been paid courtesy of the taxpayers? Will they be flown to Afghanistan to resume their plots against our government and our people, again at taxpayer expense?

What Obama should have done was to try Mohammed before a military tribunal, without the full rights of an American citizen (which, of course, he is not) and, after a guilty verdict, execute him. But this president bows before political correctness above all else, and he may just have done Mohammed and al-Qaida a big, big favor.

Dick Morris is a commentator for Fox News.

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Mystified
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November 18, 2009
Our esteemed Attorney General was asked this week by a reporter about the wisdom of giving Mohammed a platform from which to spout anti-American and anti-Christian rhetoric and further incite Jihadists. Holder assured the reporter we did not have to worry about that because any outbursts by the defendant would make him look bad in front of the jury. Is Holder a complete imbicile?? Why does he think Mohammed gives two hoots in hell about the jury?? He WANTS to be a martyr! And has Holder considered what happens if he gets Muslims in the jury pool? It is unlikely that political correctness would allow prosecutors to keep one or more from actually being seated, which would just about guarantee a hung jury. Obama's whole administration is an Idiot Farm!
Indian Joe
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November 18, 2009
When is someone going to have the guts to come right out and say "letting these killers get off is exactly what this administration wants". If they are not connvicted because of the burden of proof in a civilian court and all of the evidence that can be thrown out because of civilian court laws, this is another thing obama can point at to blame the Bush administration. Also, let's not forget that these are muslims - ring any bells for anyone. And the very idea that this president could pass this decision off to Eric Holder, is another example of him being able to use it was "someone else's fault" excuse. What a joke we have in the white house
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