Of Trials and Tribulations
By Bob Gaydos
(Editor’s note: In the interests of full disclosure, let it be known that the following was written by me for the TH-R in my capacity as fill-in editorial writer when the new guy is on vacation. It turns out they didn’t use it because he wrote on the same subject for the same day. So it shouldn’t be a total loss, I figured I’d share it with Zest readers.)
“Khalid Sheikh Mohammed is going to meet justice and he’s going to meet his maker, He will be brought to justice and he’s likely to be executed for the heinous crimes that he committed in killing and masterminding the killing of 3,000 Americans. That you can be sure of.”
— Robert Gibbs, President Barack Obama’s press secretary
That’s apparently all we can be sure of at this time. Where, when and how Mohammed will “meet justice” is apparently anybody’s guess as the Obama administration has hemmed, hawed, stumbled and bumbled its way through the process of getting the confessed 9/11 mastermind out of prison at Guantanamo Bay and into a United States courtroom.
With dazzling suddenness, the administration’s plan to try Mohammed and four accused co-conspirators at the federal courthouse in downtown Manhattan, not far from the scene of the infamous act, fell apart over the weekend. New York City Mayor Michael Bloomberg, who at first supported the plan, changed his mind, he said, when he saw the scope of security plans Police Chief Raymond Kelly drew up for the trials. They called for closing off large portions of the financial district and Chinatown with roadblocks and checkpoints and putting snipers on rooftops. Bloomberg said this would cost the city more than $200 million a year for several years. “It will also impact traffic and commerce and people’s lifestyles downtown,” Bloomberg said.
He said the price was too high, even for a chance to bring the accused terrorists to justice face-to-face. When Bloomberg flipped, Sen. Charles Schumer followed, as did many others.
Simultaneously, the call went out to find other suitable trial sites within the federal Southern District jurisdiction, including a few in Orange County. West Point, the Air Force National Guard base at Stewart International Airport and the federal Correctional Institution at Otisville were named as possible alternatives. One at a time. West Point: Out of the question. It’s an educational institutional housing future officers. Highland Falls would be overwhelmed. Stewart: It’s still an airport and it has no courtroom or lockup facility. Otisville: The most secure and remote. Would need a courtroom. And Otisville would need all of that $200 million the president has pledged to pay for the cost of the trials.
A fourth, unsolicited, suggestion came from Newburgh Mayor Nicholas Valentine, who said his city could handle the trial in the new courthouse across the street from his tailor shop. Unlike, Bloomberg, Valentine says the trials would be an economic and public relations boon for his city. That’s probably true, but the goal is to provide fair trials within the U.S. justice system for five accused terrorists, not to rescue a city that has had difficulty handling its own problems, which include a recent rash of street violence.
The White House never conferred with New York City officials before deciding to try Mohammed there. Big mistake. Before making another one, the president needs to meet with Justice Department and national security advisors to decide on the best approach. Resistance from local communities should not drive his decision, but should at least be considered. Nor should expediency rule the day. If, as has been suggested, Obama is again considering military rather than civilian trials, these at a minimum need to be conducted under U.S. trial laws, which do not allow hearsay or coerced testimony, but do allow the accused to see the evidence against them.
Anything less would be a capitulation to fear and would represent a final victory for Mohammed and his ilk, regardless of the verdicts.
Bob@zestof orange.com
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