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
AG Holder is not an issue.
Yes, this is an idiotic move to give these terrorists the publicity they seek while continuing to blame the Bush administration for everything, but it is not a guaranteed walk for KSM.
The law is blind. It is not stupid.
Jack Kemp needs a grammar checker. He means obtain not attain.
This is such a huge blunder it’s unimaginable.
Everything 0bama has done has:
A. weakened America...or some combination of the above.
B. strengthened islam
C. attacked Israel
Can you cite something -anything- of substance that he’s done that doesn’t fit A, B and/or C?
Bet you can't...
For many cases, that is the law; for example, Canada. If you're born on Canadian soil - whether or not your parents are even in the country legally - you are a Canadian citizen. Same with the US, after the passage of the 14th Amendment.
English Common Law is the same, going back 400+ years. The soil on which you were born usually grants citizenship.
Now, about KSM, I'm not at all worried about Kemp's flight of fancy about Obama's birth certificate! What will happen is that KSM will be found not guilty. The confessions will not be admissible because they were coerced before he had his full legal rights. All he has to do is have his lawyers challenge all findings/discovery before he received his legal civil rights, and there goes the Government's case. Good luck proving it as all his co-conspirators are dead.
KSM will most likely walk free of the trial, and we will become the absolute laughing stock of the world.
They have a common goal -destroy America- that doesn't mean they are on the same team or side.
A pack of dogs doesn't all attack from the same side.
Bit of a problem with that. KSM in NY is a new issue, and Jack Kemp the quarterback/congressman has been dead 6 months.
You summed up the Obama doctrine in a very succinct manner. I believe his foreign policy can be described with 6 simple words: Embolden Enemies, Abandon Allies, Weaken America.
A coup accomplishes his goal of overturning the US government and rendering us -at least temporarily- impotent against islam.
BHO might be a fool, but he’s not the sort of fool that would set the stage for his own ouster.
0bama fancies himself a modern Lincoln. I dare say he would take a bullet if it meant islam could win.
He'd be a martyr, not just any martyr, but the martyr who took down The Great Satan!
They would be singing his praises in mosques for a millennium. Now THAT'S a legacy any follower of the pig-god would envy.
Besides, given what Larry Sinclair says, and the fact that he seems to have 'the slims' he may not have much time left anyway. Waste away in a meaningless and pedestrian death, or go out in a blaze of glory.
Which do you think the narcissist-in-chief would crave?
You got something against zombies?
What action has he taken that doesn't go against the Constitution?
Are Czars Constitutional? Do they not usurp congressional powers?
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.
Do you seriously think that Nancy and her ilk are bright enough to foresee that? There hasn't been a single instance in history where the first acts of the new regime doesn't include rounding up and killing off every one of the useful idiots. After all, these are precisely the people trained in overthrowing governments! (And it's not like they are going to be happy when the New Reality doesn't live up to there wildest expectations!)
Yet there is never a shortage of useful idiots who think 'this time it will be different'...
Don't BOTH parents have to be USA citizens??
There is a lively debate on that very subject. The Founding Fathers though that the meaning of Natural Born was so obvious that they failed to explicitly define it.
They relied on Vattel and Blackstone to cover it. Both say a Natural Born Citizen is a child of citizen parents, born within the territory of the country.
I've even had people argue that parents isn't plural!
If not, then your own due process mean nothing either!
*sigh* You are correct.
Besides flat out releasing them will do less damage than giving them a platform, a megaphone, and the ability to seek out all information about US espionage techniques and assets.
Yeah. Waterboarding AFTER THE FACT retroactively excuses mass murder and an attempt to take out our economy (WTC) our Military (Pentagon) and decapitate our government (FTL-93, the Capitol)
Does he?
I know of no one not firmly in the 0bama camp or with even the slightest clue how to determine authenticity of a birth certificate who even claims to have actually seen the alleged document.
OTOH millions of people have seen an image of the alleged document on the internet.
It's on the internet, it must be true...
I can't top that.
I find this instance unfortunate but we are a nation of laws or we are not a nation of laws. I’ve held that line on immigration for so long that I can’t set my beliefs aside just because I want this man dead.
Moving him into a civilian court hangs around the neck of one man. If he walks, he walks.
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