The Mockery of the Legal System
I have been a long time reader and watcher of Bill Whittle. First, at his blog EjectEjectEject, and also his videos, Afterburner, over on PJTV. Whittle discusses his recent experience with our legal system recently, and how this ties in with the Obama administration’s decision to try terrorists using civilian trials, and the mockery this makes of a fundamental tenant of our system of government. He could not be more spot on. So first watch Bill’s excellent video essay on this.
As Bill points out, the assertions of the Obama administration, that we should not worry about the outcome of the trials is preposterous. Civilian trials come first and foremost with the presumption of innocence. So even though KSM has admitted and boasted about his involvement and planning of the 9/11 attacks, he will be presumed innocent. Furthermore, as Bill points out, there are requirements and rules of evidence afforded in civilian trails. Since the Miranda case, all criminals are read their rights, without which all admissions of the accused are inadmissible in a court of law, which is exactly where the Obama administration is planning to send these terrorist scum.
Furthermore, those who pass through our civilian legal system cannot be touched or coerced into providing information. One thing people on both sides of the political spectrum can agree upon is that this is a good thing in the civilian legal system. The problem is KSM was coerced, in fact we know that he was water boarded. This post is not to discuss water boarding of terrorists or whether this is legal or moral, it is to discuss the trial of terrorists in US civilian courts, and by the rules of civilian trials, we cannot water board a suspect. The aforementioned two reasons are alone enough to get any suspect off in civilian courts.
The administration though has assured us that they would be tried and found guilty and sentenced to death. They have essentially stated that these are mock show trials with foregone outcome. That even though we didn’t Mirandize them or follow civilian standards for rules of evidence and treatment of suspects, that would certainly allow murderers to walk free, that these terrorists will not walk, but will be convicted and executed. This makes a mockery of our legal system and the protections afforded us by our Constitution. It will show that our rights and our fair trails are at the whims of the President, putting our legal system more in line with those of Saddam’s Iraq or the Taliban’s Afghanistan, than in line with the system given to us by our founders and the English common law we derive our system from.
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Posted: February 16th, 2010 under Politics.