« Another Obama Promise Ready to Expire? | Main | David Brooks: People Disagree With Me Because They're Jealous of How Awesome I Am »
January 05, 2010

Moussaoui Conviction Upheld But....

Supporters of trying terrorists like Khalid Sheikh Mohammed in civilian courts like to scoff at the concerns of their opponents. They say, 'hey, we successfully tried Zacarias Moussaoui in federal court, so why not KSM?".

As Andy McCarthy observes, the 4th Circuit Court of Appeals upheld Moussaoui's sentence yesterday but the case only has a happy ending because Moussaoui pleaded guilty.

The appellate court notes that Moussaoui claims it was error for the trial judge to interfere with his unqualified right to represent himself; "to have personal, pretrial access to classified, exculpatory evidence"; and to be able to summon witnesses like co-conspirator Khalid Sheikh Mohammed for trial testimony. The Fourth Circuit acknowledges that all these claims have merit, but the court finds that Moussaoui, by pleading guilty, waived any claim of prejudice. Opinion at pp. 24–28. Even more alarming, the Fourth Circuit concedes that its waiver rationale is inconsistent with a decision by the Ninth Circuit on which Moussaoui relies — i.e., if the Fourth Circuit had followed the Ninth Circuit, there's a good chance it would have had to agree that, regardless of the guilty plea, Moussaoui's convictions should be reversed.

That split in the reasoning by the circuit courts could lead to a Supreme Court appeal and there's no telling where His Imperial Majesty Anthony M. Kennedy will come down on any given day, nor a Wise Latina so there still may be some hope for Moussaoui to get a new trial.

Based on the 4th Circuit's rulling imagine that KSM doesn't just plead guilty (why would he?) and decides to represent himself, he most likely will get to see all the classified materials we have on him and his 'associates'.

Undoubtedly the left will claim that he can't do any damage with that information since he's going to spend the rest of his life in jail.

Ok but what guarantee is there that he's going to jail forever? Are those so ardent to see due process for these guys saying the trials are rigged? But don't worry, it's not as if there's ever been a case where a lefty lawyer has passed messages on for convicted terrorists or anything.

Read the rest of McCarthy's piece for a reminder of just how stupid and dangerous a game Obama is playing by giving these terrorists the same rights and protections you and I enjoy.


digg this
posted by DrewM. at 12:32 PM

| Access Comments




Recent Comments
Boots: "Given how thoroughly corrupt Barky's regime was, S ..."

alexthechick - Ragebunny. Hopping all around.: "[i]If you go to the MSN homepage (I know), there's ..."

JAS: "No church should go to the expense of building a b ..."

freaked: ""Soros is putting an incredible $18B into his "Ope ..."

grammie winger -The Cubs Suck Again: "How precious. Did Bill Clinton lend him his big f ..."

Lizzy[/i]: ">>Oh and about Barky's "Legacy"? His "Presi ..."

josephistan: "Kudos for linking Ethan Van Sciver's "comic book p ..."

Fly, Eagles fly......: "Eagles wide receiver Marcus Johnson was baptized l ..."

Lady in Black - Death to the Man Bun: "Continuing on with the latest installment of "Our ..."

JAS: "Kevin Spacey? So "House of Cards" is typecasting. ..."

TrivialPursuer: "160 So Power is saying there was a runaway cadre i ..."

@votermom @vm pimping great books usually free or sale : "Posted by: grammie winger -The Cubs Suck Again at ..."

Recent Entries
Search


MuNuvians
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
News/Chat
Archives
Powered by
Movable Type 2.64