Skip to comments.Thinking the Legally "Unthinkable" in the KSM Trial
Posted on 12/15/2009 7:28:46 AM PST by circumbendibus
If Khalid Shaikh Mohammed is clever he will turn his trial into an Obama birth certificate circus. The New York Post has an excellent piece by attorney Michael Schwartz, pointing out the difficulty of predicting a jury's verdict in the pending Khalid Shaikh Mohammed trial in New York City. His article is entitled "Why the gov't could lose this case." But there is a complex, two-part possibility that Attorney Schwartz did not consider.
KSM has said he wants to put the US government on trial and will probably bring up the Bush administration and mention waterboarding as torture in the courtroom, playing to the international media. But why would he limit himself to attacks on the last administration? KS Mohammed could well bring up the subject of Barack Obama never producing his long form birth certificate and thus claim he is not qualified to be President of the United States, thus rendering invalid his appointment of Attorney General Holder. It would throw the court into an uproar and possibly cause a Constitutional crisis, exactly what KSM wants and the Obama administration doesn't want to see on television just before the 2010 or 2012 elections.
KSM doesn't even have to research the citizenship matter much. He could merely attain transcripts of the case attorney Orly Taitz won against the government in attempting to deploy a soldier overseas who claimed that Barack Obama wasn't a valid Commander-In-Chief. He could also use the public record of Philip Berg's testimony in his attempt to question President Obama's citizenship before the US Supreme Court.
Perhaps Khalid Shaikh Mohammed has worked out a private deal with the Obama administration to not bring this up, but he would obviously be more than willing break that deal and advance a media-based jihad where he could extend the trial for a number of months.
This brings us to the second part of this complex situation regarding a possible courtroom discussion of Obama's legal citizenship. Just as a prudent person never loans out anything they won't mind never getting back, what if Obama has figured for KSM's questioning the Obama Presidency's legal authority and would enjoy a Constitutional crisis that throws the country into an uproar? Obama is governing as if he has one TWO-YEAR term, not four. What if the destruction of Constitutional rule and capitalism is his aim, as many a website has made a case for? That would mean Obama would relish a Constitutional crisis and might even want to use it to declare martial law.
Don't assume that Obama wants what most people want in America. If that were true, he never would have flown a 747 trailed by a jet fighter over Manhattan as if it were another 9/11 or moved this trial to the New York federal courthouse. Why would you give the man who appointed a bunch of unaccountable, unconstitutional Czars and is involved in passing an unreadable healthcare bill in the middle of a Saturday night the benefit of the doubt?
Jack Kemp, not the politician of the same name, has been a frequent contributor to American Thinker and the T(im)Birdnow Blog. He has also been quoted in National Review Online's PhiBetaCons blog and has written for the Baltimore Jewish Times. SundialMan@aol.com
Wow! The KSM case could crack open the Barry BC case! Who could write a novel like this??
...KSM will get off and the Republicans will be too chickensh*t to use it to win the following election.
Good disclaimer, considering Jack Kemp, the politician, is DEAD.
Jack Kemp is the author of this? Wow, that is pretty amazing. For several reasons.
Here’s what would happen.
KSM: Your honor, request for dismissal due to Obama not being President, blah blah blah
Judge: Request denied.
End of story. Sad as it is.
He wasn’t read his Miranda rights - either he’s under our system - or not... Maybe he’ll walk before he has a chance to make his case.
They will play to the media and attack Bush.
When the Gitmo guys hit a civilian court the first thing they should do is ask about jurisdiction, does this court legally cover Afghanistan?
Yes. I had to read all the way to the end of the article to make sure this was not some sick attempt at humor.
Might be the reason they exist - to purge the evil from America using our own idiocy.
Food for thought.
Just because all the past cases have failed due to the plaintiffs not having standing, doesn’t mean KSM would not have standing. The way things are these upside-down days, I’d expect the court to agree that KSM does indeed have standing to question -18bam’s eligibility.
Don't BOTH parents have to be USA citizens??
What I gather is that parentage doesn't matter.
If so, is that how it works world=wide? I can't
believe that one becomes a citizen of the country
The legitimacy or lack thereof regarding this president has little to do with the fact that the previous president, the one that brought him to justice, both was legitimate and acted legitimately.
Secondly, the legitimacy of the current president does not reflect upon the legitimacy of the court that is trying him.
The point is that he could bring up the Birth Certificate all he wants and it would not matter one iota as it would be dismissed as irrelevant to his case. There would be no uproar as the court would remind the defense that BHO is not the one on trial in the case at hand.
Third, granting the impossible, were a Constitutional Crisis of this nature to be raised, BHO would have an extremely difficult time implementing martial law. He would be the one in violation of that same Constitution that members of the military have both sworn to uphold and and honor daily in their service. Instead, he would more likely end up with a coup on his hands and would certainly be well aware of that, making this entire scenario both unlikely and silly.
BHO might be a fool, but he’s not the sort of fool that would set the stage for his own ouster.
I highly doubt this scenario.
If it looked like Barry was trying to overthrow the constitution, I have no doubt that Congress would impeach him quickly and throw him out of office. Whatever can be said for the liberal leadership in Congress, a constitutional coup from the executive branch would jeopardize not only their jobs, but possibly their lives as well. Once stripped of his power, he would have no control of the military.
The beauty of our government structure, is that Congress will check a tyrant when the rubber hits the road. All it takes is a signature to strip the president of all his legitimacy and turn the military against him. And if the liberal members of Congress refuse to overthrow a tyrant, a popular revolution backed by supporting members of the legislature would be almost certain.
the govt. will have a judge that disallows any questioning on this as not germain.
The man has not been given due process under the law. Any attempt at a trial in our civilian court system should be dismissed immediately.
If not, then your own due process mean nothing either!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.