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Just a thought but if these cases were transfered to regular Federal District Courts, wouldn't they also have different Prosecutors assigned and wouldn't that pretty much even the playing field somewhat? They wouldn't still have military prosecutors is what I'm either saying or asking.
I'm sorry if I didn't make this clear much earlier: there is no doubt in my mind that if the cases were transferred to federal court the DOJ, meaning the US Attorneys, would take over responsibility for prosecution from the military prosecutors.
That's my point. The AUSA prosecutors would be inheriting cases that are already almost untriable in federal court, because the investigations were largely conducted under the (faulty) premise that these were unlawful enemy combatants not covered by the Constitution. That's what I mean by "the rules getting changed 7 years in."
As far as I'm concerned KSM could walk tomorrow and he'd be a very minor danger.
What about the notion that a person who orchestrated the deaths of thousands of innocent civilians gets away with it? Does this not offend your sense of justice and fairness at all?
I've got to say at this point - three days into this thread - I'm fairly disturbed that, while I've heard from lots of people who apparently have no qualms with the idea that actors like KSM should get a free pass simply because of their mistreatment by the Bush administration (and there have been good arguments made supporting this view), I seem to be the only person here, or at least the only one vocal about it, who thinks that would be an absolutely outrageous miscarriage of justice.
And, never mind whether KSM would pose any kind of threat should he be released without being convicted and punished for 9/11, if Barack Obama was the one who made the call that resulted in his release, how do you suppose that will play out for him politically? One-term president? Impeached? Dems don't see the inside of the White House again for a generation?
Fortunately - for all of us - Obama has indicated in his remarks on Sunday that he is thinking all of this through and coming to the only sane conclusion available: the innocent detainees must be repatriated and the guilty ones must be convicted and punished, regardless of the Bush administration's malfeasance.