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Khalid Sheikh Mohammed Dismissal?
Findlaw.com ^ | 11/24/2009 | Self

Posted on 11/24/2009 7:00:24 PM PST by CJacobs

For discussion only!

Should the criminal case of Khalid Sheikh Mohammed (aka KSM) be dismissed?

Some potential motions:

1) Judicial Misconduct:
Violations of Miranda, violations of Escobedo, as stated by the President of the United States, KSM was "tortured". Violations of the right to a speedy trial. Detained by federal agents for more than 24 hours without being formally charged.

2) Double Jeopardy:
In the case of Dr. Jeffrey McDonald:
Source:
http://www.altlaw.org/v1/cases/534614
Quote:
"Since MacDonald was not put to trial before a military tribunal authorized to convict or acquit him, jeopardy never attached. Serfass v. United States, 420 U.S. 377, 387-89, 95 S.Ct. 1055, 43 L.Ed.2d 265 (1975). "

Khalid Sheikh Mohammed:
Tribunal Hearings:
http://www.defenselink.mil/news/transcript_ISN10024.pdf
http://www.defenselink.mil/news/transcript_ISN10012.pdf

Military Tribunal Charges:
http://fl1.findlaw.com/news.findlaw.com/nytimes/docs/terrorism/usksmetal20808chrgs.pdf

Or, did this one retirement, perhaps, prevent KSM from being subjected to Double Jeopardy?
http://projects.washingtonpost.com/guantanamo/timeline/
"November 18, 2008: The chief military judge at Guantanamo Bay announces his retirement, effectively ruining the small chance that the trial of conspirators in the Sept. 11, 2001, attacks could get underway before the Bush administration ends. (Post: Top Judge at Guantanamo Announces Retirement (Nov. 17, 2008)) "

Despite Dr. Jeffrey McDonald's appeal for "double jeopardy" being denied because it was a military tribunal hearing (not a trial), a LOT of web sites feel that Dr. Jeffrey McDonald WAS subjected to Double Jeopardy:

Source:
http://www.victimsofthestate.org/CC/DJ.htm
Quote:
"Double Jeopardy Cases
7 Cases
NC - Ft. Bragg - Dr. Jeffrey MacDonald 1970"


TOPICS: Crime/Corruption; Government; News/Current Events; War on Terror
KEYWORDS: 911; democrat; democrats; ericholder; holder; impeachobama; ksm; nationalsecurity; newyork; nowot; ny; nytrial; obama; september112001; terrorism; terrorthreat
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For discussion only.
1 posted on 11/24/2009 7:00:25 PM PST by CJacobs
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To: CJacobs

Really? For Vomit Only.


2 posted on 11/24/2009 7:03:13 PM PST by februus
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To: CJacobs

I do not see how they can get a conviction.


3 posted on 11/24/2009 7:03:55 PM PST by Never on my watch (The It is Not Terrorism Task Force (INTTF) is heading to the scene now.)
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To: CJacobs

My guess is that this will drag on for years. I base this upon what you have posted. A conviction appears to be unlikely


4 posted on 11/24/2009 7:06:16 PM PST by stephenjohnbanker (Support our troops, and vote out the RINO's!)
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To: CJacobs

Well for one thing Obama and Holder have been busy urinating on Constitutionally protected Due Process by absolutely guaranteeing that the Enemy Combatants will be 100% found guilty.

The trial of the Jihadists is actutally an assault on all of our civil rights.


5 posted on 11/24/2009 7:06:48 PM PST by FormerACLUmember (Socialism is an opportunistic infection of the body politic. It occurs when defenses are low.)
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To: All

For Discussion Purposes Only.

ON THE INTERNET:

http://www.truthusa.com/911.html

#

A Look at Obama:

http://www.freerepublic.com/tag/obama/index?tab=articles
http://www.freerepublic.com/tag/impeachobama/index?tab=articles

#

A Look at Eric Holder:

http://www.freerepublic.com/tag/holder/index?tab=articles
http://www.freerepublic.com/tag/ericholder/index?tab=articles


6 posted on 11/24/2009 7:06:57 PM PST by Cindy
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Comment #7 Removed by Moderator

To: CJacobs

If our laws mean anything, they cannot convict. Holder is an incompetant political hack. This is going to explode in his face.


8 posted on 11/24/2009 7:08:18 PM PST by perchprism (To those about to revolt, we salute you.)
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To: februus

Remember, Obama was a constitutional law professor. Not really. He was a lecturer of some sort. Obviously full of crap.

Eric Holder - the worst AG ever. Makes Mitchell look like God, but Mitchell at least was working to protect America.

Holder is the enemy and his boss is the “Enemy in Chief”.


9 posted on 11/24/2009 7:08:27 PM PST by MadMax, the Grinning Reaper
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To: CJacobs

If the case can be dismissed, that opens it up for him to become terrorist trial czar in the WH.


10 posted on 11/24/2009 7:09:07 PM PST by votemout
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To: CJacobs

I’d say... yes...the case should be dismissed...

Set him free.... Let him go...

I’m all for it...

If we are going to put up with this farce... let’s reverse the farce....and support these @ssholes getting released...

Let Obama and company deal with it...

I say I agree with you. Their case should be dismissed based on all the above...


11 posted on 11/24/2009 7:12:23 PM PST by nikos1121 (Praying for -16.)
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To: CJacobs

Once he’s acquitted, CNN will give him his own show.


12 posted on 11/24/2009 7:13:57 PM PST by rbosque (10 year Freeper!)
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To: CJacobs
Vomit only because I firmly believe that these potential issues demonstrate that this Administration really f*cked up.

You are assuming that this administration wants freedom to triumph over islam.

Show me one shred of evidence.

13 posted on 11/24/2009 7:15:24 PM PST by null and void (We are now in day 307 of our national holiday from reality. - 0bama really isn't one of US.)
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To: Never on my watch

Live by leftist courts and leftist ACLU rules, KSM will walk. Thanks Obama and Holder.


14 posted on 11/24/2009 7:15:43 PM PST by boop (Democracy is the theory that the people get the government they deserve, good and hard.)
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To: MadMax, the Grinning Reaper

Holder is a necrophile with a spot in his heart for Marx. Sleaze covers everyone in this administration.


15 posted on 11/24/2009 7:16:56 PM PST by februus
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To: Never on my watch

“I do not see how they can get a conviction.”

Not only will they not get a conviction, Bush and Cheney, the CIA and the military will all be tossed in prison for “torture” and other gross violations of human rights like giving KSM crunchy peanut butter when he prefers smooth.


16 posted on 11/24/2009 7:29:15 PM PST by garjog (Used to be liberals were just people to disagree with. Now they are a threat to our existence.)
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To: CJacobs
This sets way too many precedents that will be used someday to deny actual citizens our rights.

So yeah, they should be dismissed. (But only after there's at least 2 good snipers in place to drill one right between his eyes as he leaves the courthouse.)

17 posted on 11/24/2009 7:33:34 PM PST by Slump Tester (What if I'm pregnant Teddy? Errr-ahh -Calm down Mary Jo, we'll cross that bridge when we come to it)
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To: stephenjohnbanker

I think Holder will intervene with these trials causing delays until after 2012 and Obama running for a second term.

Delaying the trial will infuriate many people but nowhere near the number who will be pissed if KSM is found not guilty or the case is dismissed. It also allows the government to spend years pushing the “evils” of the Bush Administration.

If KSM isn’t convicted and Obama is able to pull out a second term (God forbid that!) it does no damage to him politically.


18 posted on 11/24/2009 7:37:33 PM PST by Brytani (Support Lt. Col Allen West for Congress - www.allenwestforcongress.com)
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To: CJacobs

The PREDIDENT Of the UNITED STATES already said he will be found guilty and executed~!!

If I was a defense lawyer the first thing I would do is ask for it to be tossed out on those grounds (prejudiced)

Then the 2nd, 3rd and 4th and etc etc would be endless appeals for dismissal for any one of the other millions of stupid rules

This is going to be a 3 RING CIRCUS


19 posted on 11/24/2009 7:39:38 PM PST by Mr. K (Deathly afraid my typos become a freeper catchphrase...I'm series!)
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To: Slump Tester
(But only after there's at least 2 good snipers in place to drill one right between his eyes as he leaves the courthouse.)

Nope.

The prosecution should give a long flowery speech about how much the information they gave us helped the United States track down an kill other jihadists, and how critical it was to preventing terrorist attacks on US soil (and elsewhere) during the entire Bush administration. How although they feel bad about having to let them go scott-free, knowing just how much service the were to the US during their time at Gitmo takes most of the sting out of it.

In recognition of this service and in compensation for depriving them of their freedom, we will give them each $10,000 in gold and drop them by parachute in the capital cities of their countries of origin...

20 posted on 11/24/2009 7:44:14 PM PST by null and void (We are now in day 307 of our national holiday from reality. - 0bama really isn't one of US.)
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