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Jewish World Review Nov. 22, 2010 / 15 Kislev, 5771 Holder ignored risks of civilian terror trials By Byron York http://www.JewishWorldReview.com | An Iowa farmer tried to warn Attorney General Eric Holder on the risks of trying high-value foreign terrorism suspects in American civilian courts. When Holder insisted that "failure is not an option" -- his defense of the Obama administration's decision to try 9/11 mastermind Khalid Sheikh Mohammed in federal court in New York -- Iowa Sen. Charles Grassley attempted to give the attorney general a little taste of reality. "I'm a farmer, not a lawyer," Grassley told Holder at a Senate Judiciary Committee hearing last November. "I don't know how you can make a statement that failure to convict is not an option when you've got juries in this country. I think a lot of Americans thought O.J. Simpson ought to be convicted of murder." Holder would hear nothing of it. "I want to emphasize that I am confident that we will be successful in the trial of these matters," he told Grassley. And even if KSM or some other high-value terrorism suspect were somehow acquitted, Holder continued, the government could still hold them for other reasons. If that's the case, Grassley replied, then what's the point of putting them in civilian court in the first place? "What do you gain?" Grassley asked. "I'm just trying to bring a little common sense to this." During the course of that hearing, several of Grassley's fellow Republicans joined him in trying to bring a little common sense to the issue. They all failed. Yes, Holder backed off on trying KSM in New York, or in civilian court anywhere, but only because a bipartisan majority in Congress was determined to stop him from doing it. But Holder and his boss, President Obama, forged ahead with their crusade to prove that the American civilian justice system is as appropriate for a foreign terrorist captured in Pakistan as it is for an American accused of knocking off a convenience store in Milwaukee. Holder's test case was Ahmed Ghailani, the al Qaeda operative accused of playing a key role in the 1998 attacks on American embassies in Kenya and Tanzania. Originally from Africa and arrested after a shootout in Pakistan, Ghailani was held at the terrorist detention facility in Guantanamo Bay before Holder ordered him moved to Manhattan for trial. Ghailani faced 286 counts, including 224 separate murder counts -- one for each of the people killed in the embassies. In a major setback for prosecutors, the judge in the case barred prosecutors from using a key witness on the grounds that Ghailani might have been mistreated while in CIA custody. On Wednesday, the jury acquitted Ghailani on 285 counts -- including every one of those murder counts -- while convicting him on a single count of conspiracy to destroy government buildings and property. It turns out that failure, or at least near-failure, was an option. A spokesman pronounced the Justice Department "pleased" with the verdict, although it seems a stretch to say that prosecutors who accused a defendant of killing 224 people were happy when he was acquitted of every single murder charge. Ghailani could be sentenced to as little as 20 years in prison and to as much as life. If he had been fully acquitted, administration officials hinted, they would have kept him in custody anyway. That's right: Holder and the president are so eager to restore the primacy of the Constitution in our handling of accused terrorists that they promise that acquitted defendants will remain imprisoned, possibly for life. In addition, Holder and Obama are so anxious to close Guantanamo that they are searching for a way to hold civilian defendants inside the United States indefinitely without charges or trial. And it's all in the name of greater fealty to the Constitution. Meanwhile, there is a military facility, Guantanamo, that is outside the United States and equipped either to hold terrorists indefinitely under the laws of war or try them before military commissions. Why not use it? In this case, Barack Obama and Eric Holder, the legal experts, were wrong, and Charles Grassley, the farmer-senator, was right. More fiascoes may be in store unless the president and attorney general abandon their drive to bring foreign terrorists captured on foreign battlefields to the United States for civilian trials or indefinite detention. Grassley tried to bring a little common sense to the conversation, but they just wouldn't listen. Maybe they will now. Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. Comment on Byron York's column by clicking here. Previously: 11/16/10 Dems love facts and science --- except when they don't 11/08/10 Obama, new GOP lawmakers are on collision course 11/01/10 New GOP star on track to defeat Dem legend Russ Feingold 10/26/10 If Dems lose, Obama will blame everyone but himself 10/19/10 Profligate Congress should read its own bills 10/13/10 Why Big Labor couldn't match Glenn Beck's rally 10/11/10 Trash-talking Democrat faces defeat in Florida 10/05/10 A GOP unknown in striking distance of Barney Frank 09/28/10 Administration inflates green-jobs numbers 09/20/10 In Delaware, GOP should target Dems, not O'Donnell 09/14/10 GOP Insiders Wary of Landslide Predictions 08/31/10 For Obamacare supporters, judgment day approaches 08/23/10 Obama has himself to blame for Muslim problem 08/17/10 Cut spending without cutting services? Start here 08/17/10 For Michelle Obama, extravagance dents popularity 08/09/10 Obama's zealous civil rights enforcer gets busy 08/02/10 A battle between Left and Right --- inside the GOP 07/26/10 GOP spoiling for fight over Berwick appointment 07/20/10 How long will the public tolerate Afghan war? 07/12/10 NASA's Muslim outreach: Al Jazeera told first 07/02/10 Legal complaint against Gore is detailed, credible 06/28/10 Obama and Dems heading for electoral disaster 06/21/10 Who told Obama drilling is ‘absolutely safe’? 06/14/10 Billions for ‘green jobs,’ whatever they are 06/07/10 Sestak a no-go for any job. So what was the deal? 05/31/10 As economic worries worsen, White House puts on the glitz 05/25/10 GOP dilemma: Fight Kagan, or go along? 05/11/10 Enforcing nation's immigration laws would be a bargain 05/03/10 How Obama could lose Arizona immigration battle 04/27/10 What's behind the anti-Tea Party hate narrative? 04/20/10 As government expands, beware the post-office example 04/19/10 Who wins in 2010? Good luck reading tea leaves 04/12/10 GOP Obamacare strategy: Try repeal, then cut 04/05/10 Obamacare was mainly aimed at redistributing wealth 03/30/10 Message to Dems: People still don't like Obamacare 03/23/10 The coming consequences of Obamacare 03/16/10 Marco Rubio and the Republicans who love him 03/15/10 GOP hopes town halls take health care off table 03/08/10 Dems turn risky health vote into manhood contest 03/01/10 Why Obama defies the public on health care 02/22/10 South Carolina mulls 2012: Romney? Palin? Huck? 02/16/10 GOP winning war over Miranda rights for terrorists 02/09/10 Who are the 300 terrorists held in U.S. prisons? 02/02/10 Is Obama dissatisfied with being president? 01/19/10 The Republican dilemma: Good Michael or Bad Michael? 01/12/10 Now the lawmakers are figuring out what they didn't know 01/05/10 GOP deserves blame for Democratic excesses 12/29/09 Dems' dreams of a blue West begin to turn red 12/22/09 Why Dems push health care, even if it kills them 11/30/09 Dems' kamikaze mission: Health care by New Year's 11/23/09 Why it's a mistake to bring Gitmo prisoners here 11/16/09 Dems' slick fix: $210 billion of fiscal restraint 11/10/09 Obama can't be community organizer for the world 11/02/09 At key moment, Obama leaves health post unfilled 10/26/09 ‘Fierce urgency' for jobs, not health care’ 10/12/09 Facts hurt Jennings in youth sex controversy 10/05/09 Amid terror threat, Dems chip away at Patriot Act 09/27/09 In Afghanistan, let U.S. troops be warriors 09/21/09 Under fire, Democrats abandon ACORN in drove 09/14/09 Dems stifle Republican health care plans 09/08/09 For Dems, a serious Charlie Rangel problem 09/07/09 Obama's speech: Wrong setting for a sales job 09/01/09 What happened to the antiwar movement? 08/24/09 Why Dems may jam through health care plan 08/17/09 GOP thinks the unthinkable: Victory in 2010 08/10/09 The empty words of a journalist turned flack 08/03/09 Probe finds new clues in AmeriCorps IG scandal 07/27/09 Obamacare haunted by unkept promises of stimulus 07/20/09 Why the GOP failed the Sotomayor test 07/13/09 What the GOPers will ask Sotomayor 06/29/09 Serious questions remain for Mark Sanford 06/22/09 How GOPers can crack the AmeriCorps scandal 06/16/09 Worried about Sotomayor? Consider Andre Davis 06/08/09 Can Mitch Daniels save the GOP? 06/01/09 When the Dems derailed a Latino nominee 05/26/09 Why the GOP will defeat Obama on healthcare 05/19/09 Rosy report can't hide stimulus problems 05/12/09 The Reagan legacy is the man himself 05/05/09 Sen. Specter, meet your new friends 04/27/09 Ted Olson: ‘Torture’ probes will never end 04/20/09 Who's Laughing at the ‘Axis of Evil’ today? 04/14/09 Congress needs Google to track stimulus money 04/06/09 Beyond AIG: A bill to let Big Government set your salary 03/30/09 On Spending and the Deficit, McCain Was Right 03/24/09 It's Obama's crisis now 03/17/09: Geithner-Obama economics: A joke that's not funny © 2009, NEA

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