Blogs and Stories
Stop Dithering, Holder
Gerald L. Shargel, a member of the New York Bar since 1969, has handled numerous high-profile cases at both the trial and appellate level. He has written written for the New York Times, the Los Angeles Times, the New York Law Journal and the online magazine Slate. Mr. Shargel, a Practitioner-in-Residence at Brooklyn Law School, recently authored a law review article published in the Fordham Law Review, "Federal Evidence Rule 608(b): Gateway to the Minefield of Witness Preparation."
But make no mistake about it. A trial of KSM and other designated detainees accused of terrorist acts at the Manhattan federal courthouse will carry with it an enormous price, measured not only in dollars. Lives will be disrupted. Several federal judges, as well as prosecutors who were previously involved in terrorist cases, lived for years under the complete protection of the U.S. Marshals Service. Lawyers and litigants in unrelated cases will face a huge inconvenience upon approaching and entering the courthouse. And it cannot be disputed that the security measures necessary to prosecute KSM will be felt, like shockwaves, through lower Manhattan. So the real question is not whether another federal court or another federal facility would be better suited; the real question is whether civilian authority should have to bear the burden of prosecuting non-citizen terrorists.
The present waffling by the Justice Department and other officials on matters such as location, logistics, security, and cost speaks eloquently in support of abandoning the present plan altogether and holding these trials exclusively before constitutionally constituted military tribunals at Guantanamo Bay. We would first need to recognize that Guantanamo is not the Guantanamo of George W. Bush. While President Obama has not met his promise to close Guantanamo, the facility has become more bearable since he took office. The torture has ended and the inmate's living conditions have been substantially improved. A military tribunal under the watch of the current administration is not the military tribunal of the Rumsfeld-Cheney era. There is no longer cause to believe that military trials will be unfair or that the accused terrorists will not get the process to which they are due.
Gerald L. Shargel, a member of the New York Bar since 1969, has handled numerous high-profile cases at both the trial and appellate level. Mr. Shargel, a practitioner-in-residence at Brooklyn Law School, recently authored a law review article published in the Fordham Law Review, "Federal Evidence Rule 608(b): Gateway to the Minefield of Witness Preparation."
For more of The Daily Beast, become a fan on Facebook and follow us on Twitter.
For inquiries, please contact The Daily Beast at editorial@thedailybeast.com.
YOUR FRIENDS
Joy Behar Was Right
Jeff Shesol is the author of Supreme Power: Franklin Roosevelt vs. The Supreme Court. He is also a founding partner of West Wing Writers, a speechwriting and strategy firm and the author of Mutual Contempt. From 1998 to 2001, Shesol served as a speechwriter to President Bill Clinton. A Rhodes Scholar, he holds degrees in history from Oxford and Brown universities. His comic strip, Thatch, appeared daily in more than 150 newspapers from 1994-1998.
Dragon Tattoo Star Narrowed to Final Four
Gina Piccalo spent a decade at the Los Angeles Times covering Hollywood. She's now a contributing writer for Los Angeles Magazine and her work has appeared in Elle, More and Emmy. She can be found at ginapiccalo.com.
A former editor of Men's Journal, Claire Martin has written for Outside, the New York Times, and the Los Angeles Times magazine.
Inside Chelsea's Wedding Party
Lynnley Browning is a frequent contributor to the business pages of The New York Times and is a former Moscow-based correspondent for Reuters, where she covered energy and commodities. She grew up in Tulsa, Okla., majored in Slavic Languages and Literatures at Princeton University, and is fluent in Russian. She lives in Hamden, Conn., with her son.
Holder's Wishy Washy Terror War
Gerald L. Shargel, a member of the New York Bar since 1969, has handled numerous high-profile cases at both the trial and appellate level. He has written written for the New York Times, the Los Angeles Times, the New York Law Journal and the online magazine Slate. Mr. Shargel, a Practitioner-in-Residence at Brooklyn Law School, recently authored a law review article published in the Fordham Law Review, "Federal Evidence Rule 608(b): Gateway to the Minefield of Witness Preparation."
Stomping on the Constitution
Gerald L. Shargel, a member of the New York Bar since 1969, has handled numerous high-profile cases at both the trial and appellate level. He has written written for the New York Times, the Los Angeles Times, the New York Law Journal and the online magazine Slate. Mr. Shargel, a Practitioner-in-Residence at Brooklyn Law School, recently authored a law review article published in the Fordham Law Review, "Federal Evidence Rule 608(b): Gateway to the Minefield of Witness Preparation."
Supreme Surprises
Gerald L. Shargel, a member of the New York Bar since 1969, has handled numerous high-profile cases at both the trial and appellate level. He has written written for the New York Times, the Los Angeles Times, the New York Law Journal and the online magazine Slate. Mr. Shargel, a Practitioner-in-Residence at Brooklyn Law School, recently authored a law review article published in the Fordham Law Review, "Federal Evidence Rule 608(b): Gateway to the Minefield of Witness Preparation."
RevPettibone
Up until the final paragraph I was following the cadence and appreciating the author's perspective, though different than mine, still worthy of considering.... Then it happened, the typical liberal crisis management we've grown accustom to... with every last breath they have to get a dig in at the Bush administration. They believe thats the way to make us think their own short comings are of no consequence. How tired is that? How out of touch with reality do they imagine the public is? How long do you think its gonna take before they get the message "Enough is enough"? Where I grew up, aint none of this called "dithering around"..... we use another term, know what I'm saying?
Now the truth is, because Mr Obama and his team are continuing to "D" around with this, the image they're projecting is one of an administration lacking equanimity.
lmktacwa
Its not taking a "dig" at the Bush Admin. Its called historical facts. Obama is left to deal with the hand that was dealt to him. Your denial sheds sunshine on your ignorance.
KSM should be tried in Federal Court. Like the criminal he is. Under the Constitution that protects us all. The same Constitution that Bush and Co. peed all over.
jezter54
Yes, clearly the dig was there.
The Constitution is meant to protect Americans not terrorists! You are willing to donate millions toward KSM's defense and allow him to do everything he can to embarrass the US and at the same time expose our intelligence collection methods. The ignorance is yours!
wolverine1987
He is not a criminal, he killed thousands of civilians in a declared war against all of us. Typical lack of clarity from the left. The constitution protects American citizens, not people who've never set foot here except after they were captured. The low intelligence level of most of the left, as exemplified by your post, is very discouraging.
robertwf
Imktacwa
I agree 100 %
RevPettibone
to lmktacwa.....
It's only through the virtue of acquired piety, that I've learned to accept the premise that you, along with everyone else in this country, are entitled to your opinion. However my inner self, the part of me that best remembers my humble beginnings, struggles to keep from seeing you in a different light. Though I know I will ask for forgiveness later, today I'm in agreement with that part of me. So my friend, it's with much humility and absence of malice, I freely say, "I think you're full of shit".
charo111
It's time that Eric Holder and friends recognize we don't need to spend billions trying KSM and terrorist friends....just use GITMO and the military tribunal....no publicity, no terrorist retoric and quick justice for them. Obama is the elected president and is respondible for the prosecution of terrorist and the decisions of his Attorney General as well as Director of Home Land Security.
crypto
Holder should resign. Barring that Obama should, no, it would be wise, for him to throw the bum out.
misha1000
Zacarias Moussaoui was tried in civilian court, as was John Walker Lindh, by the GWB Justice Dept.
Was that correct? If so, why?
Why is when conservatives do something, it is a good course of action, but when liberals do the same thing, they are acting like a pantywaist?
Carole65
Correct me if I'm wrong, but Moussaoui was arrested in Minnesota, making his crime punishible in civilian court. KSM were taken in Pakistan, making his crimes punishible by a military tribunal.
Glenda1976
Misha,
That's just the way it is. Like when Repubs advocate cutting Medicare it's evil, but when Dims do it, it's genius.
jus1drun
clever:)
misha1000
@Glenda1976: Or like when Repubs make claims of "death panels"? Or WMDs in Iraq? Or when Cheney flatly stated that Saddam Hussein was involved with planning 9-11? Or when Bush told Congress that Iraq tried to buy uranium for enrichment from Niger? Or when the South Carolina Lt. Governor said public assistance to the poor is like feeding stray animals, so they'll only reproduce more? Or when Colin Powell gave a presentation to the UN General Assembly about mobile weapons labs, that was made from whole cloth?
Or when Newt Ginrich led Clinton's impeachment, while he was having an adulterous affair? Or Henry Hyde publically condeming Clinton's behavior, and then it was revealed Hyde had an affair with a married woman, when he was 40? Or that Mitt Romney's father was born to a polygamist marriage?
How about Limbaugh stating "drug abusers should be stripped of their citizenship, and thrown out of the country," and then it was revealed he was a junkie and became stone deaf from mainlining white trash heroin?
Or Dukakis ruined by Willie Horton, and then Huckabee did something worse? Or Palin publically advocating abstinence, and then her daughter had a baby?
How about when I went to Anchorage for the Iditarod, and met a minister in Palin's church, who said to me "Auschwitz was divine retribution because you people have refused to accept God's only son." When I would not agree to be baptized, he said to me "you deserve to suffer."
Minor things like that.
misha1000
@Glenda1976: One more note. Ever hear of Ezra Benson? He was Eisenhower's Ag Secretary, and a Mormon Elder. When he was asked why the Mormon church refused black members, he replied "darkies are good people and they have their place."
Google it.
SensiStar
Glenda. Like when Rethughlicans create a lie that the sheep like you follow. Do you still believe there will be a death panel.
AP again advances falsehood that health reform "will mean cuts in Medicare benefits"
August 25, 2009 12:00 pm ET - 2 Comments
In an August 24 article, the Associated Press uncritically reported that "[s]eniors worry that paying for the $1 trillion-plus, 10-year [health care] overhaul will mean cuts in Medicare benefits" without noting that, in the words of FactCheck.org, "[t]he claim that Obama and Congress are cutting seniors' Medicare benefits to pay for the health care overhaul is outright false." Additionally, AARP has also rebutted the notion that health reform will reduce Medicare benefits.
If your lying your probably a Rethuglican.
wolverine1987
And if you can't spell properly, or use the proper form, you're likely of low I.Q. Or should I say "your?"
Now, off of your poor grammar and onto your point. The Dems proposed $500 billion in cuts to Medicare to finance Health Care. If you think cutting $500 billion (of course, that cut would likely never happen since they are politicians, but let's hypothesize) would not result in cuts to benefits, then "your" crazy as well as poorly educated.
DakLak
By giving alleged terrorists special treatment they win.
Treat them in the normal manner and they appear no better than a shoplifter or holdup artist.
In fact, holding the trial in Utica or Buffalo would demonstrate the disdain in which the US holds such defendants.
Besides, Buffalo needs the money.
robertwf
LOL@DakLak well said
wareagle82
you have missed the point entirely. They ARE different from shoplifters and holdup artists in that they are not engaging in acts of criminality, they engaged in acts of war against society as a whole. A shoplifter targets a store and a product; his intent is to slip in and out unnoticed. Terrorists plan their activities to generate as much notice as possible; their desire is to send a message, not to simply take something that isn't theirs.
In a simpler time, after the information to be gained from KSM and his ilk had been gathered, they would have been taken out back and killed. And your belief that going to a smaller town carries some side impact is ridiculous. This global show trial would still be that whether held in NY or a farm in Kansas. It's not the location, it is the event itself.
DakLak
CNN coverage will be wall-to-wall around the world with replays ad nauseum.
Like OJ's trial and the 2001 September air incidents. They showed those aircraft crashing and crashing until it got boring.
Did anyone tell Khalid Sheikh Mohammed he needs a haircut?
MadCharles
I thought Gitmo was closed..
bonafortuna8
Now that's funny.
egw7777
These are terrorists not your best buddies, Holder, they are not the Black Panthers that didn't even have to show up in court & you acquitted them. They are not Acorn which is intertwined with SEIU. They are not AFL-CIO buddies of yours I am sure.
Remember when you called us cowards? So you were not upset or insulted or fearful when 9/11 happened? After the shock of it all wore off you didn't get madder then hell? Why are you so intent on helping Obama to bring down America? Are you secretly wanting another 9/11 to happen here? What is it with you wanting to give these terroists Constitutional Rights & a lawyer & run up a big deep debt for the taxpayers to pay? Why don't you help to pay for this? It needs to go to Gitmo & be tried there by the Military & you need to stay here in the states & work closer with Homeland Security & get these other terriosts down their to Gitmo to be questioned & put on trial.
sophia5
Does Obama, Holder, or Napolitano believe "Terrorism" exists?
Or in their world is it "Man-Made-Disasters?"
"Allegedly?"
agentmule
I can't fathom an America where we've sent the posse out to catch the bad guy and when they've brought him to justice, we're scared his friends might interrupt our public hanging. John Wayne is surely spinning in his red, white, and blue grave.
HOW TO BEAT THE KHALID SHEIKH MOHAMMED BLUES
http://bit.ly/bHnx7b
thebaker
John Wayne wouldn't have taken the vile creature alive.
wareagle82
that this is even an issue for discussion highlights the cluelessness this administration. Then again Holder's law firm was providing counsel to terrori detainees and even the writer of this article attempts to turn opinion into fact by repeating the claim of 'torture'.
Some will say "but Richard Reid was tried in a civilian court". True, but past action doesn't make it perpetually right. Slavery used to be legal, but it no longer is and we used to start fires by rubbing sticks together. Reid was early in the war on terror when the nation was getting its footing on this new threat.
Further, the writer's political bias hurts rather than helps his cause, in large part because he offers no evidence that conditions at Gitmo are demonstrably better or that military tribunals are somehow more fair. Both charges are not just a slap at the previous administration, but at the military justice system and armed forces themselves. Regardless, no one except a few bedwetting leftists will be impressed by our treating people caught in a wartime setting with the same gravity offered to bank robbers.
misha1000
"a few bedwetting leftists"
Conservatives are strong, masculine men who do not cruise teenage boys like Mark Foley.
Conservatives are men who believe in marital fidelity, and do not go to male prostitutes or use amphetamines like Ted Haggard.
Conservative men are model citizens who do not seek the solace of heroin or alcohol like Glenn Beck.
Conservative men do not buy narcotics without a prescription on the black market, like Rush Limbaugh. And conservative men do not divorce three times.
Conservative men believe in the family, unlike Mitt Romney's father, who was raised in a Mormon polygamist household.
Conservatives believe in public education, and are not illiterate like Brigham Young.
Conservatives believe in equality, unlike Pat Buchanan who is an anti-semite.
wareagle82
thanks for making my point a mindless ad hominem attack that ignored the issue.
By the way, conservatives don't abandon young women in cars to die.
misha1000
"conservatives don't abandon young women in cars to die"
Very true. Conservatives send 4,287 service people to die, and 30,182 wounded so their cronies can get their paws on Iraq''s oil.
Conservatives support Saddam Hussein in a border war with Iran. Conservatives arm bin Laden and his band of thugs with Stinger missiles.
Conservatives support Jerry Falwell, who called the 1st Amendment "a mistake," and advocated nullifying that amendment, "with the Jewish people declared a protected minority."
Conservatives introduce a bill in Congress to amend the Constitution, to "recognize the law and authority of Jesus Christ over the United States," like John Anderson.
Conservatives want the US and Israel to attack Iran, so Armageddon will come. Conservatives support Israel's apartheid in the West Bank. Conservatives support settlers' armed attacks on Arabs, so Armageddon will come.
Mormons preach marital fidelity, while having a polygamist marriage. Mormon Elder Ezra Benson, Eisenhower's Ag secretary, said of black people "darkies are good people, and they have their place."
Hercules is the son of Zeus and a human woman, and conservatives believe the same thing happened to a different woman, in the year One. Conservatives don't believe in evolution, but do believe the universe was created in 7 days by magic.
Famespear
Please stop all the left/right condemnation. Bottom line; this guy should burn and what better venue for his demise than NYC? Let's all get together on this.
wareagle82
kinda tough to get together when one side sees a wartime enemy and the other sees a law enforcement problem. NY wouldn't be a venue for his demise, it would be the setting for a showtrial that pleases no one but members of the fringe left would believe the US got its comupance on 9/11.
crypto
Wareagle, would you be insulting Obamasan's pastor again???
KemCho
Please, give Mr. Holder some time. He is not an expert on handling terrorism. He is good in Civil Right issues, imaginary or real. He is learning from Obama, who dithered on Afghanistan issue for months.
pioneer7
unfortunately, the Presidency and the Attorney General positions aren't supposed to be "on the job training" jobs.
Obama's "community organizer" background did NOT qualify him to be President and Holder is just inept.
misha1000
"Obama's "community organizer" background did NOT qualify him to be President"
Did you see the video of Sarah Palin asking "what exactly does the vice president do all day?" Did you see the interview when Palin said the vice president's duties were to go to Congress and get the president's legislation passed? Did you read the interviews with Palin, who said she believes the Earth is 5,000 years old, and humans and dinosaurs mingled? Sarah Palin believes the entire universe was created in 7 days by magic.
Sarah Palin believes everyone Jewish on the entire planet has to go live in Israel, so Jesus will come back. Sarah Palin believes the answer to teenage pregnancy, is never to let a boy touch you.
pioneer7
Palin has much more administrative experience by running a State as Governor than Obama has/had in his past, plus he missed the majority of Senate responsibilities while campaigning for President.
She may not be qualified to be President, but she wasn't running for President.
At least she has some common sense, been responsible for budgeting for an entire state, and is a capitalist (more than can be said for Mr. Obama).
crypto
Not so bad misha. I too have wondered what the VP does all day. Don't have to wonder about the top guy though. He rides airplanes a lot and gets nobel peace prizes for saving the world. I don't know why he and Biden don't help with that garden out back.
thebaker
What does the vice president do all day, misha?
misha1000
"What does the vice president do all day, misha?"
He is there if the president cannot complete his term, and to break a tie in the Senate.
misha1000
"She may not be qualified to be President, but she wasn't running for President."
She was running for president, especially since McSame was 74, and had skin cancer. If he died, we'd have someone who is vapid and ignorant.
misha1000
"He rides airplanes a lot and gets nobel peace prizes for saving the world."
GWB allowed the price of oil to be manipulated, so his family and the Saudis would become wealthier.
thebaker
Thanks misha, I guess I figured the vice president actually did something every day other than waiting around for the president to die or the senate to go 50-50.
thebaker
Mr. Holder is more corrupt than inept, in my humble opinion.
miguel53pt
Since moving the trial is about economics why not move the trial site (find a good Latin term for me here please) to a site about 4 hours north of NYC - into a small County Courthouse.
The economics of the revenge trial would bring enormous financial spending into the upstate of NY and keep the trial reasonably close to NYC so that all of the interested parties, families, politicians, law firms, DoJ, military, could easily attend and physically support the trial.
It would also keep the trial within the original jurisdicition of the Federal court.
One good thing: If you look like an Arab terrorist out for revenge, you would be seen coming for miles...and if you did succeed in some sort of an attack there are more than sufficient dairy operations which can use the cows to block escape routes.
The economic boon for this area would be tremendous...and I belive Rome, NY (AFB there) would love it and hate it equally.
But they need the money.
miguel53pt
I actually did not read this article before I responded...dummy me...White Plains is in the upstate of NY I think...and I had this thought Sunday anyway...so no plagiarism of ideas peeps...but take it for what its worth I guess.
Thank you.
As a first time user, your comment has been submitted for review. It can take anywhere from a few hours to a day or two for your comment to be reviewed, depending on the time of week and the volume of comments we receive.