The Right To A Fair Trial
By Harris Sherline
November 16, 2009
Is it a good idea to try Khalid Sheik Mohammed (KSM) and four other terrorists in New York City for the 9/11 attacks on the World Trade Center in 2001? Attorney General Eric Holder's November 13 announcement to do just that immediately stirred up strong feelings, pro and con, about the wisdom of the Obama administration's decision.
Wikipedia notes, "The right to a fair trial is explicitly proclaimed in Article Ten of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution and Article Six of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world." A fair trial requires a competent, neutral and detached judge and jury, witnesses who are free of influence and adequate legal counsel.
That said, what a "fair trial" in NY City for KSM and the other terrorists is likely to mean has very different connotations for many Americans.
One side tends to see it as an opportunity to showcase America's justice system to the rest of the world in general and Muslims in particular, in the belief that it will demonstrate the fairness and equity that is accorded even this nation's worst enemies. They believe the city of New York is well equipped to handle the risks of such a trial in a U.S. Federal court, both judicial and security concerns, and that the case is a slam dunk for conviction that will finally lead to the execution of those responsible for the murder of over 3,000 people in the heart of Manhattan on September 11, 2001.
Elisa Massimino of Human Rights First commented, "It treats these perpetrators as the criminals they are, depriving them of the warrior status which they crave and the military commissions facilitated."
Another important reason for conducting this trial in New York is to rectify the taint the current administration believes was caused by the way in which KSM was captured and subsequently waterboarded during his interrogation by the Bush administration.
Jeffrey Tobin, CNN's legal analyst, observed that the trial will perhaps be the biggest "challenge in the history of federal law enforcement to produce a fair trial." Tobin further noted that the defense will argue that the extensive waterboarding of KSM (183 times) is "misconduct that means the whole case should be thrown out." However, Attorney General Holder points out that there is sufficient evidence to convict that has not yet been released and that the government will seek the death penalty.
The decision to move the trial to N.Y. City was immediately met with an outcry of opposition.
In a November 13 Politico article ("N.Y. terrorist trial raises stakes"), Josh Gerstein reported, "Families are furious about this," said Debra Burlingame, whose brother Chic Burlingame was the American Airlines pilot of one of the planes hijacked on September 11..."more than 300 family members have implored the administration not to move the trial to New York."
Gerstein also points out that there is a risk a judge could dismiss all charges because of "outrageous government conduct."
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