In 2002, for example, Congress passed a law (at Senate Majority Leader Tom Daschle's urging) to prohibit federal courts from hearing cases about brush-clearing in his home state of South Dakota. Pending environmental lawsuits were immediately halted, and a court order that was already issued became null and void.
There are many bad consequences to staging the trial of KSM in New York City. If he is given all civilian constitutional rights, the government will be required to turn over to him vast amounts of U.S. intelligence and information that will imperil national security and put us in danger of future acts of terrorism.
The chief issue in the trial could become water-boarding rather than the Sept. 11 terrorist act that killed some 3,000 people. The Obama administration is infested with transnationalists -- i.e., lawyers who want to integrate foreign law or so-called international law into U.S. domestic law and impose it on Americans.
We wonder if the real purpose of moving this trial to New York is to put the George W. Bush administration on trial in a foreign court, as the far left has been demanding. The dangerous publicity and classified information emanating from the trial could give the opportunity to anti-Bush lawyers to take some of this material to the International Criminal Court (to which the United States does not even belong) or some other foreign court (such as Spain, which illegally tried Augusto Pinochet of Chile) and urge a trial against George W. Bush for war crimes.
Before Holder became attorney general, he and other Justice Department lawyers were in law firms that represented detainees at Guantanamo. Those lawyers should all be disqualified -- they shouldn't have ever been hired by the Justice Department.
The trial of KSM would be a media circus for many months, much like the O.J. Simpson trial, only 10 times as compelling. Defense lawyers will be eager to display their histrionics modeled on Johnnie Cochran's famous argument, "If the glove don't fit, you must acquit!"
What if KSM is acquitted? And released onto the streets of New York? Holder was pathetic in defending his New York decision at a congressional hearing, even assuring the congressmen that KSM would not be acquitted. Is Holder planning a show trial where the verdict is planned in advance?
Congress should act promptly to stop this dangerous move of KSM's trial from a military court to a federal court in New York. The Democratic Congress is loath to overrule Obama, but the longer this outrage festers in the public consciousness, the more it will damage the Obama administration.
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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