The POTUS has decided to at least consider moving the murder trial of KSM et al out of Manhattan. If KSM et al have the full rights of a citizen, then shouldn't their trial be held in Manhattan? The beginning of the 6th amendment to the Constitution reads...
"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..."
In order to have a jury of the district hear and consider the facts of a trial and render a decision, shouldn't it be relatively convenient for them to attend the trial? The district where the crime took place is Manhattan; therefore the trial should take place in Manhattan. (There is precedent for moving such a high profile case though; Timothy McVeigh was tried and convicted in Denver, CO despite committing his heinous crime in OKC.) NY state and city officials want it somewhere else due to security and cost concerns. Although Mayor Bloomberg initially favored the venue, an estimated annual security cost of $200 million must have changed his mind. I can't blame him. They are already in the hole.
The DOJ seemed to be standing their ground on the choice of venue despite the howls from Manhattan and New York citizens, members of Congress outside of NY and other people across the fruited plain. What or who changed their mind or better yet why? If this is the right thing to do, to ensure that their Constitutional rights are preserved, then why backslide? Justice is blind...or it should be. The DOJ's decision to conduct the trial in Manhattan seemed to have been made independent of the POTUS, but he supported it. Now he seems to be leaning on them to move it. Did enough of the NY political machine howl after watching the electorate rise up in both the polls and in recent elections?
It appears to be just politics as usual. At least there's some "hope" that the mood of the public can change a bad idea into a not-so-bad idea. Let me suggest a better idea. How about using the military tribunal system that Congress has established and oversees, and that many of whom are now recommending, to try and detain, or release, KSM et al along with all other enemy combatants, who are not citizens, in this continuing war on Islamic terror?
Friday, January 29, 2010
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