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New York's Tough Enough for Terrorist Trials
If you want to royally tick off New Yorkers, try telling us what to do.
That's probably why the police stopped trying to enforce the jaywalking laws here years ago (as opposed to Washington, D.C., where I once got one too many tickets and was sent to pedestrian school).
And that's why in the weeks after 9/11, my favorite sign was the one that appeared in the windows of Italian-American neighborhoods near where I live downtown. In bright red, white and blue, it read: "One nation, under God, indivisible, with liberty and justice for all. You got a problem with that?"
So imagine how pleased many of us were when told by conservatives -- most of them from out-of-town -- that we should be very afraid that Khalid Sheikh Mohammed and some of his al-Qaeda henchmen will be put on trial here in New York City, just blocks from the scene of their horrific crime, the World Trade Center.
My own unscientific survey indicates that most of us who live not far from Ground Zero and who were here on 9/11 see it as an appropriate and just venue and aren't afraid that the trial will result in terrorist retribution. And if for some reason it should, we will stand up in righteous, rational indignation, the way we New Yorkers do on an almost daily basis, whether the source of vexation is slight or extreme.
I immediately thought of the moment in Casablanca, when the supercilious Nazi, Major Strasser, asks Humphrey Bogart if he's one of those who can't imagine Germans occupying New York. Bogart replies, "There are certain sections of New York, Major, that I wouldn't advise you to try to invade."
The response of Arizona Republican Congressman John Shadegg was especially offensive. After noting that Mayor Mike Bloomberg had said that New Yorkers are tough and could handle the trial and its attendant commotion, Rep. Shadegg declared on the floor of the House, "Well, Mayor, how are you going to feel when it's your daughter that's kidnapped at school by a terrorist? How are you going to feel when it's some clerk -- some innocent clerk of the court -- whose daughter or son is kidnapped? Or the judges wife? Or the jailer's little brother or little sister?"
Rep. Shadegg wound up apologizing, although he insisted the point survived his insensitivity -- "I think it is important to note that this decision involves potential risk to innocent people," he said. But even Rupert Murdoch's right wing New York Post took offense, describing Shadegg's remarks as "the outrageously shameless use of Bloomberg's children as debating points."
Two local politicians who should know better did speak out in opposition to a federal trial here in Manhattan, but to a large degree their motives can be perceived as mercenary. Both men are or may be running for statewide office, and polling outside the city indicates that when it comes to a civilian trial, a sizable majority has bought into the fearmongering.
Former Republican Mayor Rudy Giuliani, who became such a hero in New York as he walked the rubble-strewn streets on 9/11, and who has been bandied about the media as a potential candidate for governor or the US Senate, fell into conservative lockstep and told CBS News, "There is no reason to try them in a civilian court. Others are going to be tried in the military tribunal. And the reality is we've never done this before. And this is something that was pushed very, very hard by the left wing for President Obama to do."
Which is odd, because back in 2006, when a civilian jury sentenced 9/11 conspirator Zacarias Moussaoui to life without parole, Giuliani told Chris Matthews on MSNBC's "Hardball" that while he would have preferred the death penalty, the verdict "does show that we have a legal system, that we follow it, that we respect it. And it is exactly what is missing in the parts of the world or a lot of the parts of the world that are breeding terrorism... it does say something pretty remarkable about us, doesn't it?"
What's more, when blind sheikh Omar Abdel-Rahmanm, the architect of the first Trade Center bombing in 1993, was convicted in New York federal court, Giuliani said, "It does demonstrate that we can give people a fair trial, that we are exactly what we say we are. We are a nation of law... I think he's going to be a symbol of American justice."
More baffling was New York's Democratic Governor David Paterson, who told The New York Times, "This is not a decision I would have made... We still have been unable to rebuild that site, and having those terrorists tried so close to the attack is going to be an encumbrance on all New Yorkers." But the governor's popularity is so low and election chances next year so slim he is desperate for the slightest grit of traction. A Siena College poll this week had 69% saying they would vote for someone else. At this point, he probably would allow himself to be pulled between two farm tractors if he thought it might help him carry upstate.
Paterson's position also seemed to puzzle US Attorney General Eric Holder -- a New Yorker, by the way -- who last week announced the decision to try Khalid Sheikh Mohammed and his fellow conspirator here in the city. When told of Paterson's comments, he said to the New York Daily News, "It's a little inconsistent with what he told me last week."
Attorney General Holder, in this instance at least, has been the consistent one, unwavering over the rightness of his decision while admitting that it was a "tough call, and reasonable people can disagree with my conclusion."
On Wednesday he handled four hours of often harshly critical questioning from members of the Senate Judiciary Committee and then met with families of 9/11 victims. He countered the opposition's main objections. "We know that we can prosecute terrorists in our federal courts safely and securely because we have been doing it for years," Holder said, and the Classified Information Procedures Act (CIPA) "establishes strict rules for the use of classified information at trial."
As for Khalid Sheikh Mohammed -- often identified simply as KSM -- and his track record of rabid histrionics, Holder said that the terrorist "will have no more of a platform to spew his hateful ideology in federal court than he would have in military commissions...
"Judges in federal court have firm control over the conduct of defendants and other participants in their courtrooms, and when the 9/11 conspirators are brought to trial, I have every confidence that the presiding judge will ensure appropriate decorum. And if KSM makes the same statements he made in his military commission proceedings, I have every confidence the nation and the world will see him for the coward he is. I'm not scared of what KSM will have to say at trial -- and no one else needs to be either."
Which seems right to me and my friends who stood on our neighborhood streets and watched those towers burn and fall. You got a problem with that?


13 Comments so far
Show AllKhalid Sheikh Mohammed will receive a fair trial, and be put to death.
What's not to like about American justice?
This piece is pure claptrap, one cliché after another. Not the slightest hint of the problematics of these trials, how the "evidence" was obtained, and the whole 9/11 scenario as laid out to us by the government. Why does CD inflict this crap on us?
...not to mention that most of the talking points about members of the House and Giuliani were lifted from Jon Stewart (was it Wednesday or Thursday this past week?).
Or is it that Michael is one of Jon's writers?
The smart money says KSM suffers a fatal accident en route to NYC...
I have one question for KSM, if he makes it north: WE water-tortured you 183 times.
Which time was the one you realized you weren't actually going to be drown to death? The third time? Fourth?
Anyone notice how much of the 'gay marriage destroys family' crowd is also the 'terrorist trial in America will destroy America' crowd and the 'health care reform will destroy Democracy' crowd?
What is with these nuts who believe our country and institutions are so fragile that the slightest anything will bring it all down upon our heads?
What aren't these kooks afraid of?
frank1569 November 21st, 2009 4:05 pm -- Interesting observation about the people who think anything "liberals" favor will destroy the country.
My take on KSM is that it really doesn't much matter whether he gets convicted or executed. Who knows if anything he's ever said, not to mention said after being tortured, is true? The important thing is that the U.S. put Bush behind us and demonstrate that we will follow the law no matter where it leads. So far the rhetoric of Holder and Co. hasn't given me much assurance of that; rather, the rhetoric seems designed to respond to conservative attacks. But once the trials get going, I think it's likely the defense attorneys (I'm one myself, in my little corner of the world) will insure that the proceedings send the right message about our system of justice.
good points frank
what does it say about tin horn justice when both the president and the attorney general have already confidently stated that this man will be tried and quickly executed
no presumption of innocence here
two fucking nwo goons - holder and prez peacenik
what does it say about us to have these kind of leaders and these are the ones referred to as "moderates"
then people still deny that we have become a fascist state
wow
we all love new york, this article notwithstanding
the writer talks about justice in this case and the cases of the other "terrorists"
bullshit brother - you are full of bullshit
consider the trial of Zacarias Moussaoui - a man who wasn't allowed in the courtroom because he was so mentally ill the prosecution was afraid the judge would toss the case out
in this version of american justice the victim, yes the victim, ksm is not allowed to hear the evidence against him, see the evidence against him or to confront his accusers
don't matter - even if he wins he will not be set free
this man has been waterboarded 183 times
why has his case taken 8 years to prosecute
where is his right to a speedy trial
this writer pretends to speak for new yorkers which he does not
the real new yorkers:
1. don't believe the government's bullshit story/fantasy explanation of 9/11
2. the real new yorkers believe by a vast majority that 9/11 was an inside job
3. real new yorkers want an independent investigation into 9/11
to this writer i say: you got a problem with that
I've long wondered about the connection between the Bush family, the Saudi Royal Family, and the bin Laden family.
How do we know that the families of the Saudi men who carried out these attacks have not been paid off for the sacrifices that their loved ones made for George W. Bush and his failing administration? I certainly wouldn't be surprised if someday in the future we find that the money that was financing their training and movement around the US came from the Saudi Royal Family through the bin Laden family.
A local prosecutor, a federal judge, and president George w. Bush, Gov. George Pataki,and John Ashcraft conceived a deceptive plan to send a kind, compassionate, Muslim Doctor U.S. citizen, to prison for 22 years for getting humanitarian aid to victims of Iraqi Economic Sanctions. The Government officials, smeared him as a terrorist in the media during the trial, then the judge would not allow the word terrorism to be mentioned in the trial so Dhafir could not defend himself. After the bogus white collar crime trial was over the prosecutors sent a memo to the judge charging that Dhafir was a national security concern and insisted on a cruel and unusual sentence of 22 years for violating IEEPA.Prosecutors knew that if they charged him as a terrorist without evidence (they had none) then the appeals court would know that they were just inflaming the jury for a conviction. Therefore the gag order during the trial on the word terrorism. His appeal was denied because there was nothing in the trial transcripts about terrorism to inflame the jury ,it had been done outside the trial in the media. The drones kill suspected terrorist without a trial. The control centers are in our back yards, which have become part of the battleground ,and that endangers all Americans.Do you really think any Guantanamo tortured, suspect would be set free, guilty or not? Actually some have been set free ,without a trial, during the Bush Administration. Are Americans allowed to know why? Rafel Dhafir had no criminal intent, no prior history of anything criminal, worked over 20 years saving American lives as a
physician,oncologist.
Terrorist Trials for Bush, Cheney, Rummy and Rice? Blair and Howard too.
I'm certainly in favor of that.
Why Gitmo is still relevant...
Winship makes a fundamental mistake in responding within the metaphorical language set up by the conservative media.
What do i mean?
The proposition put forth by conservatives is that 1. the public is made vulnerable by putting a terrorist on trial in public.
and 2. We should forgo our legal system for our security.
He needs to respond by pointing out that:
1. IT IS ABSURD to think that somehow a terrorist cell would infiltrate New York in some kind of Jack Bauer-type television escapade. He needs to call out this fear-mongering for what it is and how it still serves (as it did under Bush) to erode the law.
2. The threat of violence issuing from trials always exists, but maintaining justice, rights, etc. are more important than bowing to these threats.
Saying "new yorkers are tough" cedes the analogy created by conservatives - that the possibility of attack is plausible, and therefor we should revert to Bush Gitmo-style detention policy.
Although there may be solid evidence that these people who will be tried in New York are guilty, I have some constitutional issues with these trials even being held. The Federal courts have, in the past, found that ALL persons held in US custody on US soil (the US Navy base at Guantanamo Bay IS under US control, and therefore qualifies) are entitled to the same rights under the Constitution, regardless of nationality. These rights include access to a lawyer, the right to face their accuser, the right to view all evidence against them, AND the right to a speedy trial. (I probably left out a few things.) I question the validity of ANY trial, as these people were denied legal council for a long time, they were held for years without formal charges and have been denied access to information that _might_ be important to their defense, primarily on the grounds that the information is "Top Secret" and that releasing it to the defense might threaten "national security". Then there is the Constitutional guarantee of a _speedy_trial_. Eight years in prison without charges is NOT a speedy trial.
Personally, if I were the judge, I might rule in favor of the defense, if their lawyer challenged that the trial was NOT speedy, and if convicted, that lack of timeliness _might_ fall in their favor in an appeal.