De-Fund Eric Holder's Manhattan Transfer

Ken Blackwell

This piece is co-written by Ken Klukowski.

Ex-White House counsel Greg Craig thought it was a good idea to transfer Elián Gonzalez from the arms of his loving family in Miami into the arms of Fidel Castro. Transfer Elián from Florida to Cuba. Bad idea. Attorney General Janet Reno thought she might have to prove her toughness by transferring dozens of women and children from a Waco cult headquarters to eternity. Really bad idea.

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Tags: National Security

Ken Blackwell
Ken Blackwell, a contributing editor at Townhall.com, is a senior fellow at the Family Research Council and the American Civil Rights Union and is on the board of the Becket Fund for Religious Liberty. He is the co-author of the new bestseller The Blueprint: Obama’s Plan to Subvert the Constitution and Build an Imperial Presidency, on sale in bookstores everywhere..

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BIGbelly Wrote: Dec 07, 2009 9:05 PM

That's what this idiotic move by our Black Attorney General is all about, he's been suffering from "victim-me" and nobody has discriminated against him yet, so until that actually happens or he makes it up, he's been supporting his Prez Barry who as we all have seen is just gushing with apologies for American Foreign Policy and bowing to every two-bit World Leader.
This trial being moved to a Manhattan Court with a Judge, Court Reporters and everything Western Justice is to indict the Intelligence Communities actions under George W's Administration. You know Khaled whats-his-face and his henchmen's American Lawyers are going to play the "torture card" and the ACLU will be sitting front and center right next to Valerie Plame and her...

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killer15 Wrote: Dec 07, 2009 11:23 AM

I read your response. The main reason, I left the Republican party, was because of people like you. Your argument was incoherent, disjointed and without Logic. Please do not respond to any of my POST!!!

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wbheff Wrote: Dec 07, 2009 10:36 AM

The best thing that could happen is for KSM and his fellow murdering terorists to be found dead in their cells of mysterious causes tomorrow morning

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curmudgeon10 Wrote: Dec 07, 2009 8:30 AM

if i was on the jury, i would not convict, based on the prejudicial statements by the attorney general and traitor in chief. what are the odds of getting a jury of 12 "peers" that doesnt include a muslim, or someone bribed by some of the plentiful saudi money, or someone who respects the rule of law and the innocent until proven guilty tradition? i dont think the jury will convict, then we get to see what our noble leaders meant by their guarantee of conviction. could be interesting

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Chuck Martel Wrote: Dec 06, 2009 9:22 PM

This mind-bogglingly insane idea to try KSM in Manhattan could end up being a good thing. After KSM makes utter fools of all us Americans and walks free, surely the disaster known as Barack Hussein Obama will be voted out of office during the next election. GUARANTEED!

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How High A Ridge Wrote: Dec 06, 2009 2:32 PM

There are some people, even young ones like this guy, who get it...who understand the deeper, moral, and intellectual battles that are being waged in the culture today. It's so much more than politics. It's truth were fighting for. It's hearts and minds, not only of our enemies (like in Afghanistan), but of our own kids and students in this country.

http://www.youtube.com/watch?v=gFNpMvuTfNg

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O.4 Wrote: Dec 06, 2009 1:04 PM

...fire that incompetent arse!

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shubi Wrote: Dec 06, 2009 11:42 AM

We need to reclaim our government, now! How about not paying any taxes until they stop spending our money on destructive schemes and start working to help us?

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Butch112 Wrote: Dec 06, 2009 10:22 AM

It is all part of the plan folks. America can not become a dictatorship until we hit bottom. That is why EVERYTHING this administration has done since taking office has weakened us morally, militarily or financially. Some people believe he is just naive or stupid- he is not- he has a plan- and even those kissing his butt now are not going to like it when it comes to fruition.

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Jason442 Wrote: Dec 06, 2009 10:13 AM

It's just seems like political suicide to do this.

I think you are right because there is no political advantage as far as elections go. At least I can't think of any besides the 70 million to the police unions.

I think they might lose NY to Republicans in 2012 if they do this.

We'll see thought. This might be the crazies thing he's done thus far...maybe.

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Standshisground2 Wrote: Dec 06, 2009 9:30 AM

You asked, "Do they even need a stealth juror?"

They may very well not.

As you and so many others who come onto this site have observed about the issues involved with a criminal trial of KSM, and as I indicated in the first paragraph of my 12:01am post, Obama and Holder seem to be all but guaranteeing that a judge will throw out the charges against the defendants before they even GET a chance to be heard in an actual trial, on the basis of myriad legal grounds.

By no means am I assuming it's a fait accompli that any trial of KSM & Co. will be able to even get to the point where information leaks out that's supposedly embarassing to the Bush Administration and possibly leads to criminal indictments against members of...

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Jason442 Wrote: Dec 06, 2009 9:21 AM

I don't get what you are saying. You said if America does something than every country in the world will follow or something to that extent. I said that was crazy.

As for the Knox story she couldn't be tried for terrorism, but she should have been if she flew or planned to fly a plane into an Italian building. If you are talking about how the Italian government could rendition her by making up trumped up charges than that would be bad and the US would intervene. But the US's policy isn't going to change their policies on that. No government is going to look at these trials and say that's how I want to run my country. A) the world isn't as stupid with their money as we are (this trial is going to cost over 100 million...

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Jason442 Wrote: Dec 06, 2009 9:09 AM

But lilly, the government isn't suppose to be doing that in the first. If the government can pick and chose who they save and who they don't then there isn't any standard. You talk about how awful crony capitalism (another word for socialism), but this is crony capitalism at it's finest. It sets a horrible precedent.

I would completely agree with you if the government needed to intervene. They have every right to do whatever they want to that company. Except Chysler where they destroyed 200 years of property rights laws when the union took first position over the debt holders. They should burn in hell for this because this is what Hugo Chavez does and should never happen in America. Horrible precedent.

Also, with...

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Jason442 Wrote: Dec 06, 2009 8:59 AM

Do they even need a stealth juror? I mean they didn't get their Miranda rights, they didn't get fair treatment (compared to a civilian). They were denied habeus corpus. The sitting President said they are going to hang, which makes a conviction impossible. I am no lawyer, but it seems like you could either a) delay this forever with jury selection (what lobotomy patient isn't biased about this trial) b) get it thrown out entirely.

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bakedbones Wrote: Dec 06, 2009 1:23 AM

should prove interesting! I wonder if we might hope that KSM & co. find themselves in the general pop. of the holding facility of the dregs of NYC! Even the lowest of New Yorkers is still a proud New Yorker! What a pleasant contemplation, . . the defendants never get the chance to flex their new-found constitutional status, because justice was meted out by a sharpened plastic spork whilst awaiting transport to court! I don't wish them such ill, but compared to the evil Holdren is about to allow them, I cannot abstain from such conjecture!

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Jelly Wrote: Dec 06, 2009 12:59 AM

From this soapbox I have some talking points..MAYBE? If KSM is tried by the Military are those records private or sealed. He will not plead guilty in open court in New york. He can act as his own "mouthpiece" even if he is appointed a helper 'mouthpiece' He could ask the court for a change in 'VENUE" Grounds for appeal will take years (IF CONVICTED)..Glad trail is not in Botox Nancy Pelosis' district or Barney Franks' district. Obama wants the PEOPLE OF THE WORLD TO SEE 'TRANSPARENCY' in our 'NEW AND LOVING' POLICY that we are a wiser and gracous host to all the world Citizens and that everybody someday will be under one rule of law and one goverment and one currency etc..This "STAGED" P.T.Barmun and BAILEY CIRCUS will showcase to...

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Standshisground2 Wrote: Dec 06, 2009 12:02 AM

Given the way that Obama and Holder have handled the whole matter of the criminal trial of Khalid Sheikh Mohammed and friends, as many OTHER conservatives on this site have similarly opined, you wonder how the presiding judge is going to have any choice BUT to throw out the charges against the defendants before they even GET the chance to actually be tried in a trial.

You're right, all it would take is one stealth juror to hang the case - and in this case, it may not even require STEALTH. Why would ANYONE want to be a juror on that trial? Would YOU want to trust that all who are going to be privy to the knowledge of the exact identities of the jurors are going to be ethical enough to not divulge that information in some manner?...

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willibeaux from the beautiful Rockies Wrote: Dec 05, 2009 11:18 PM

for your analysis. Since the Texans are making noises about secession, Mmm Mmm Mmm's attempt to arrest Bush 43 may be the straw that broke the camel's back. I would sincerely hope that the Governor and the Texas Rangers would call Mmm Mmm Mmm's bluff and resist any attempt to make the arrest. I don't believe Mmm Mmm Mmm, like the Jack Daniels' "specialist", has the intestinal fortitude to be so foolish.
This whole issue will back fire on Mmm Mmm Mmm and Holder if there is one stealth juror who will "hang" the jury.
I personally know this can happen and if you are interested, you can e-mail me.
willibeaux@yahoo.com.

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/ Wrote: Dec 05, 2009 11:17 PM

Thank you, again. I only wish that ignorants, like lilly, would open their minds. My opinion of some on the Left is, if Obama decided not to prosecute terrorists because it would harm our "image" abroad, they would applaud his decision and defend it with the talking points provided by the lunatics on the left.

I wouldn't be surprised to see Ron Kuby representing one of the defendants. He has demonstrated hatred for many aspects of this country before and would love this opportunity to put America on trial.

Foolishly, these haters of the US believe that we are the cause of all of the harm in the world. While this country hasn't always been perfect, our track record is golden when compared to almost everyone else. ...

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Paleocon Wrote: Dec 05, 2009 11:04 PM

Thanks again for taking the time to bring us nonlawyers up to speed. Disaster looks unavoidable, but at least I'm better informed about it.

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/ Wrote: Dec 05, 2009 10:48 PM

You are 100% correct. Military tribunals and commissions have been used since the Revolutionary War and not always for those in uniform. The co-conspirators of Benedict Arnold and John Wilkes Booth were all tried by military tribunals. 4,000 people faced trial by military tribunals after the Civil War and not all were involved in the fighting. Granted that SCOTUS, in Ex parte Milligan, 71 U.S. 2 (1866), ruled that the application of military tribunals to CITIZENS WHEN CIVILIAN COURTS ARE STILL OPERATING ARE UNCONSTITUTIONAL. Obviously, this case has no bearing on foreigners.

KSM and the others had already entered guilty pleas. They could have been tried, found guilty, and executed in short-shift. By granting them the same...

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/ Wrote: Dec 05, 2009 10:42 PM

"Obama seems to be counting on one of those two outcomes. If the district court for the Southern District of New York threw the case back in Holder's face, the president would be mortified."

I doubt that this will happen, but if it does, then Obama should be mortified.

"Although Obama and his appointees have been amateurish in the extreme, I can't imagine that Holder would've announced this crazy move without first ensuring that the court will take the case."

That, in and of itself, may prove to be a substantial argument on appeal. Now, that a Federal court will hear the case, the AG's powers have been substantially diminished. Any contact between Holder and the prosecution with the judge would be substantial...

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/ Wrote: Dec 05, 2009 10:32 PM

"If my understanding is correct, only an activist judge would _take_ the case. Anyone else would reject jurisdiction, as Judge Gladys Kessler did when two Gitmo guests petitioned to have their force-feeding ended. Having accepted the case, or having been forced to take it, a judge would be duty-bound either to dismiss it straightaway or to exclude most evidence and testimony against the defendants."

My understanding is that the presiding judge will be determined by a "spin of the wheel". Once the judge is named, we will get a better understanding of her or his ideology and can look at past rulings, writings, and politics. I do not believe that any judge will dismiss the case. If it is assigned to him/her, then it must precede...

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Dale252 Wrote: Dec 05, 2009 10:28 PM

This is just a sneaky way for this administration and the left to put the Bush Administration on trial and has nothing to do with hoping to convict this madmen. As stated before...they have a right to confront their accusers (aka The Bush admin.) The left has been wanting them thrown in jail now for years...this is the sneaky way to go about it.

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/ Wrote: Dec 05, 2009 10:15 PM

Depending on the judge, the motions will likely fail. As to a conviction, this will likely occur, not because of evidence (which will be much less than that which would have been available in a military tribunal), but as a result of emotion. We must be cognizant of the fact that one juror can result in a hung jury. In a military tribunal, only 2/3rds of the jurors must agree. The death penalty is a different story altogether. In our civil court system, there must be an unanimous vote of the jury for there to be a sentence of death. One needs only to look at what occurred in the Zacarias Moussaoui, where a jury declined to impose the death penalty. He was sentenced to six, consecutive life terms.

As I have said...

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