Friday, February 12, 2010

Locating Khalid Sheikh Mohammed's Trial

There has been a lot of needless controversy over the location of Khalid Sheikh Mohammed's trial. Republicans, some Democrats, and apparently a few shit-in-the-pants NYC residents have objected, on grounds ranging from pure political advantage to abject fear, to holding the trial in NYC.

Let me assert that, once the decision to try Mohammed in a civilian court was made, the location was nailed down beyond tinkering by politicians or terrified people. Who says so? How about... the Constitution?

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, ...
(Emphasis mine.)

Only if KSM were unable to get a fair trial in NYC could the venue arguably be changed. But if not NYC, then where? No American citizen, anywhere, has not heard of 9/11, and many... in NYC and elsewhere... were deeply and personally affected by it, through family members killed in the tragedy.

If Obama had any 'nads, he would not be "personally involved in choosing the location" of the trial, but would point to the Sixth Amendment and be done with it. Somehow, though, I regret that Obama seems to have forgotten his once-vast store of knowledge of constitutional law.

1 comment:

  1. After the opinion written by Kennedy in the corporate personhood case, I'm beginning to wonder if there is anyone associated with the current government who has actually read the Bill of Rights or the Constitution.



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