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Holder Should Resign Or Be Fired, and Obama Should Apologize
Townhall.com ^ | November 18, 2010 | Hugh Hewitt

Posted on 11/18/2010 11:34:15 AM PST by jazusamo

Outrage is growing at the intersection of ideology and incompetence that is the jury's collapse in the trial of Ahmed Ghailani, declared acquitted in the murders of 224 innocents, including a dozen Americans.

The outrage is growing as Americans learn more and more about how utterly avoidable this outrageous miscarriage of justice was. John Podhoretz's and Jennifer Rubin's criticisms are among the most pointed and both employ the damning word "debacle" in the title, and Powerline's Scott Johnson and John Hinderaker weigh in with "The Failure Option." Eric Holder who repeatedly declared his confidence in this process should resign and the president should apologize to the nation and especially to the families of the victims whose killed now has been declared not guilty

An email from an individual very experienced in federal criminal proceedings comments:

This smells like a compromise verdict to me. On Monday you had the report that a juror asked to be excused, claiming she was the lone holdout and she feared continuing verbal assaults on her by the other jurors for refusing to agree with them.

I suspect the 11 jurors wanted to convict on all counts, and this one juror refused.

In order to reach a verdict, the 11 jurors agreed to join her in acquitting him on all counts but one, in exchange for her agreeing to convict him on the one count -- which sounds the least serious based on its description in the indictment.

But, the potential sentence for that count is a minimum of 20 years and a maximum of life. Its up to the district judge to determine how much time he will give him, and the judge can consider all the evidence at trial, including the evidence on the acquitted counts.

To take those counts into consideration in determining what sentence to impose, the judge is only required to find by a preponderance of evidence that the defendant was involved in the criminal conduct for which he was acquitted. He's not being punished for the acquitted conduct, rather, that conduct is to inform the judge about the nature of the defendant's character.

I expect the judge will give him life when all is said and done.

I would like to say "of course the judge will give him life," but who knows? The terrorist should be executed --should have been executed long ago. He murdered hundreds, including a dozen Americans, and his compatriots are cheering this carnival of the incompetent.

America cannot protect its citizens abroad nor avenge them even when their killers are captured. First a bare majority of the Supreme Court repeatedly overrode first the decisions of the Executive and then of the Executive and Congress acting jointly, and then hard left ideology invaded the Department of Justice and was empowered by President Obama and Attorney General Holder. The consequences are on display.

People should reread Justice Scalia's dissent in Boumediene, the Supreme Court's decision rejecting the other branches' joint judgment on the subject of the application of habeas corpus to the terrorists. Justice Scalia zeroed in on the arrogance of the Supreme Court in attempting to dictate how these unlawful combatants ought to be dealt with:

But even when the military has evidence that it can bring forward, it is often foolhardy to release that evidence to the attorneys representing our enemies. And one escalation of procedures that the Court is clear about is affording the detainees increased access to witnesses (perhaps troops serving in Afghanistan?) and to classified information. See ante, at 54–55. During the 1995 prosecution of Omar Abdel Rahman, federal prosecutors gave the names of 200 unindicted co-conspirators to the “Blind Sheik’s” defense lawyers; that information was in the hands of Osama Bin Laden within two weeks. See Minority Report 14–15. In another case, trial testimony revealed to the enemy that the United States had been monitoring their cellular network, whereupon they promptly stopped using it, enabling more of them to evade capture and continue their atrocities. See id., at 15.

And today it is not just the military that the Court elbows aside. A mere two Terms ago in Hamdan v. Rumsfeld, 548 U. S. 557 (2006) , when the Court held (quite amazingly) that the Detainee Treatment Act of 2005 had not stripped habeas jurisdiction over Guantanamo petitioners’ claims, four Members of today’s five-Justice majority joined an opinion saying the following:

“Nothing prevents the President from returning to Congress to seek the authority [for trial by military commission] he believes necessary.

“Where, as here, no emergency prevents consultation with Congress, judicial insistence upon that consultation does not weaken our Nation’s ability to deal with danger. To the contrary, that insistence strengthens the Nation’s ability to determine—through democratic means—how best to do so. The Constitution places its faith in those democratic means.” Id., at 636 (Breyer, J., concurring).1

Turns out they were just kidding. For in response, Congress, at the President’s request, quickly enacted the Military Commissions Act, emphatically reasserting that it did not want these prisoners filing habeas petitions. It is therefore clear that Congress and the Executive—both political branches—have determined that limiting the role of civilian courts in adjudicating whether prisoners captured abroad are properly detained is important to success in the war that some 190,000 of our men and women are now fighting. As the Solicitor General argued, “the Military Commissions Act and the Detainee Treatment Act … represent an effort by the political branches to strike an appropriate balance between the need to preserve liberty and the need to accommodate the weighty and sensitive governmental interests in ensuring that those who have in fact fought with the enemy during a war do not return to battle against the United States.” Brief for Respondents 10–11 (internal quotation marks omitted).

But it does not matter. The Court today decrees that no good reason to accept the judgment of the other two branches is “apparent.” Ante, at 40. “The Government,” it declares, “presents no credible arguments that the military mission at Guantanamo would be compromised if habeas corpus courts had jurisdiction to hear the detainees’ claims.” Id., at 39. What competence does the Court have to second-guess the judgment of Congress and the President on such a point? None whatever. But the Court blunders in nonetheless. Henceforth, as today’s opinion makes unnervingly clear, how to handle enemy prisoners in this war will ultimately lie with the branch that knows least about the national security concerns that the subject entails.

The Supreme Court did not overturn the two branches' decision to authorize military tribunals in Boumediene. The five justice majority just made it more difficult to ever execute the terrorist convicted by the tribunals.

But the long proceedings and attendant confusion foisted on the country by the five justicies in this case and those that preceded it allowed the rise of this insane Obama-Holder approach the fruits of which are now on display in New York City.

Hopefully all but the most ideologically blinded of the cheerleaders of this manifestly unworkable and unnecessary process will now recognize their own folly and all future proceedings for unlawful combatants who are not American citizens will take place in military tribunals conducted at Gitmo. Hopefully at least one more Supreme Court Justice will blink in sudden recognition of the awful injustice their "reasoning" has produced and appropriately defer to the combined judgments of the Article I and Article II authorities on a matter of national security.

Hopefully at least some on the the academic left will shut up about that which they nothing about --the difficulty of trying unlawful combatants with civilians in the jury box and prosecutors unable to use evidence both because of evidentiary standards that ought not to be applicable to terrorists captured abroad and because of the the fear of compromising the methods and sources of intelligence gathering.

If these are the results of this case, perhaps the families of the victims of the massacre perpetrated by Ahmed Ghailani will receive some comfort that while the killer was acquitted of these murders, the manifest and shocking injustice of that result has curbed at least for a while the insanity of the American legal left, and especially its most prominent and powerful members, Barack Obama and Eric Holder.



TOPICS: Foreign Affairs; Government; War on Terror
KEYWORDS: ahmedghailani; cultureofcorruption; doj; fruit0f0bama; gitmo; holder; judicialtyranny; mask0f0bama; militarycommissions; obama; obamabreakspromises; obamalegacy; obamalies; obamascandals; terrorism; terrorists; trials; victorym0sque; wagya4just100pound; waronterror
They should both resign.
1 posted on 11/18/2010 11:34:16 AM PST by jazusamo
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To: jazusamo
This went exactly as planned.

Make no mistake about it.

And there will be no resignations over a job well done.

2 posted on 11/18/2010 11:35:46 AM PST by E. Pluribus Unum (The people who hate Sarah Palin hate her because they know that her Presidency is inevitable.)
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To: jazusamo

Muslims siding with Muslims!! Holder and Bammy got exactly what they wanted!! When this guy gets out of prison, the TSA won’t even pat him down...he’ll be waved thru while some NUN or CHILD is FRISKED!!


3 posted on 11/18/2010 11:36:52 AM PST by Ann Archy (Abortion......the Human Sacrifice to the god of Convenience.)
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To: jazusamo

I checked out my local newspaper online, and this story wasn’t printed.

Many people are clueless and don’t even know about it.

If people were truly informed, they would be outraged.


4 posted on 11/18/2010 11:37:46 AM PST by Dr. Scarpetta
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To: jazusamo

Our red diaper doper president is Pro-Islamist. This result does not come as a surprise.


5 posted on 11/18/2010 11:37:56 AM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: jazusamo

Holder hasn’t done anything without Obama’s approval.


6 posted on 11/18/2010 11:38:19 AM PST by SWAMPSNIPER (The Second Amendment, A Matter Of Fact, Not A Matter Of Opinion)
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To: jazusamo

Both , zero and holder should be hung in the public square.


7 posted on 11/18/2010 11:39:27 AM PST by devistate one four (Read the candidate b 4 voting! Kimber CDP II .45 OOHRAH! TET68)
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To: jazusamo

Both should resign ASAP!


8 posted on 11/18/2010 11:39:44 AM PST by SandRat (Duty, Honor, Country! What else needs said?)
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To: Ann Archy

President Obama doesn’t like Kenyan people.


9 posted on 11/18/2010 11:40:59 AM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: Dr. Scarpetta
If people were truly informed, they would be outraged.

I couldn't agree more, the enemedia only report what they want the people to know.

10 posted on 11/18/2010 11:42:27 AM PST by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: SandRat; Ann Archy; jazusamo

” Muslims siding with Muslims!! Holder and Bammy got exactly what they wanted!! “

Ann Archy nails it!


11 posted on 11/18/2010 11:44:57 AM PST by stephenjohnbanker
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To: jazusamo

The Saudis have invested well.


12 posted on 11/18/2010 11:45:07 AM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: jazusamo
Holder wasn't appointed because he was a legal scholar. He was appointed because he was willing to carry out 0bama's marxist agenda.

Both should be impeached and removed!

13 posted on 11/18/2010 11:45:58 AM PST by The Sons of Liberty (Psalm 109:8 Let his days be few and let another take his office. - Mene, Mene, Tekel, Upharsin)
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To: stephenjohnbanker

Why, thanky!!


14 posted on 11/18/2010 11:46:33 AM PST by Ann Archy (Abortion......the Human Sacrifice to the god of Convenience.)
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To: jazusamo

The incompetence here is truly Obama’s Presidential incompetence. It is Obama who should resign, thereby taking Holder with him.


15 posted on 11/18/2010 11:47:08 AM PST by OldNavyVet (One trillion days, at 365 days per year, is 2,739,726,027 years ... almost 3 billion years)
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To: jazusamo

Let’s see, the court executed McVeigh (and rightly so) for killing about the same number of people in the same manner but this scumbag is convicted on only one minor charge and gets 20 years which will probably not be 20 years if der Fuehrer decides to grant a pardon to his terrorist buddy.

Yeah, they both should apologize and resign.

FUBO & FAD


16 posted on 11/18/2010 11:47:45 AM PST by RJS1950 (The democrats are the "enemies foreign and domestic" cited in the federal oath)
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To: Ann Archy

NOW....how to get rid of em!


17 posted on 11/18/2010 11:50:35 AM PST by stephenjohnbanker
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To: jazusamo

Holder is incompetent and Hussein is just a Idiot.


18 posted on 11/18/2010 11:51:21 AM PST by Cheetahcat (Zero the Wright kind of Racist! We are in a state of War with Democrats)
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To: jazusamo

Bookmark


19 posted on 11/18/2010 11:52:16 AM PST by Paperdoll ( On the cutting edge)
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To: stephenjohnbanker

SHAME THEM AT EVERY TURN!!! If the media were doing their job, Holder would have been fired and Bammy would NEVER BE HIRED!!


20 posted on 11/18/2010 11:54:15 AM PST by Ann Archy (Abortion......the Human Sacrifice to the god of Convenience.)
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To: stephenjohnbanker; Ann Archy
NOW....how to get rid of em!

It'll be interesting to see how Holder is going to hold up to Rep. Issa's upcoming investigation of him and DOJ. It'd be nice to see Holder forced to resign due to that but am not holding my breath.

21 posted on 11/18/2010 11:54:37 AM PST by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo

Sociopaths never apologize.


22 posted on 11/18/2010 11:55:05 AM PST by PuzzledInTX
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To: SandRat

>Both should resign ASAP!<

Only when pigs fly, I fear!


23 posted on 11/18/2010 12:03:31 PM PST by Paperdoll ( On the cutting edge)
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To: jazusamo

Bookmark.


24 posted on 11/18/2010 12:03:57 PM PST by Sergio (An object at rest cannot be stopped! - The Evil Midnight Bomber What Bombs at Midnight)
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To: jazusamo

Did Holder’s firm represent the terrorist killer?

Did Holder’s firm provide the one juror who didn’t want any convictions?


25 posted on 11/18/2010 12:07:45 PM PST by Carley (WE SAW NOVEMBER FROM OUR HOUSE)
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To: jazusamo

Agreed. In the meantime, slap this loser in with the general population in prison and let them take care of him.


26 posted on 11/18/2010 12:09:37 PM PST by Hoffer Rand (There ARE two Americas: "God's children" and the tax payers)
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To: E. Pluribus Unum

The “O” administration is the most irresolute, opaque and reclusive ever.

Individuals populating this administration trust NO ONE. They daily commit personal offenses and professional misdeeds which assure they will NEVER be regarded as professional or trustworthy and yet, they demand perfect confidence from all of us!!

The longer this ‘administration’ functions this way the more enemies it cultivates and the more intensely compromised it becomes.

The thing is beyond farce, by now. That administration is a running sore corrupting and distorting everything it touches.


27 posted on 11/18/2010 12:10:46 PM PST by SMARTY (Conforming to non-conformity is conforming just the same.)
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To: Ann Archy; All

” If the media were doing their job, Holder would have been fired and Bammy would NEVER BE HIRED!! “

If nothing else, we learned over the past 3 years that the MSM is not merely biased, but an enemy of the United States, PERIOD.


28 posted on 11/18/2010 12:11:26 PM PST by stephenjohnbanker
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To: jazusamo

But, but, but this will make the Muslims like us better and learn to be our pals.

Maybe this guy could get a job with Obama’s Muslim NASA when he gets out.

Perhaps there will be some sort of a tribute for this innocent man, displayed in the 13-story Islamic Victory Mosque at Ground Zero in New York.

Remember, we must all be as apologetic to the Muslims as Obama has been... after all, he is our leader.

Heck, it’s not like this guy failed to pay taxes for 17 years........

Now bow and move on.


29 posted on 11/18/2010 12:29:26 PM PST by Gator113 ("Don't touch my junk......")
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To: jazusamo

Put them both in prison immediately. Check the tagline Odumbo is Americas Greatest Threat.

Holder and Odumbo are useless spineless blood sucking leeches.

How do you get rid of leeches in the swamp?


30 posted on 11/18/2010 12:34:40 PM PST by hondact200 ( Lincoln Freed the Enslaved. Obama Enslaves the Free. Obama is Americas Greatest Threat)
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To: jazusamo

Based on the jury’s record, I’d expect a decade of appeals.
When the court system finally runs out of time and patience, he’ll walk.


31 posted on 11/18/2010 12:46:50 PM PST by Eric in the Ozarks (Impeachment !)
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To: jazusamo; potlatch; devolve; ntnychik; MeekOneGOP; dixiechick2000

32 posted on 11/18/2010 12:49:32 PM PST by PhilDragoo (Hussein: Islamo-Commie from Kenya)
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To: jazusamo
Obama Should Apologize

I assure you that O is feverishly looking for the right foreign authorities to bow and apologize to for this insult.

The fix was supposed to be in to acquit on ALL charges, and that somehow got derailed, embarrassing O & H.

33 posted on 11/18/2010 5:40:21 PM PST by ApplegateRanch (Islam: A Satanically Transmitted Disease spread by unprotected intimate contact with the Koranus)
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To: PhilDragoo

You know how I love that graphic! It grows more relevent with every passing day.

Thank you, Phil!

I have to admit, though, that after observing Holder during the Clinton admin, nothing he does surprises me. When I heard that he was Obama’s choice for the Justice Dept., I had to grit my teeth to keep from screaming.


34 posted on 11/18/2010 11:43:53 PM PST by dixiechick2000 ("First they ignore you, then they ridicule you, then they fight you, then you win." - Gandhi)
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“Romney is an unrepentant abortionist/statist lying political whore! Just to be absolutely clear, there will never ever be a RINO Romney campaign on FR!! If he somehow becomes the nominee, FR will be running a full-time campaign to DEFEAT him!! If you wish to support him then I suggest you sign off FR and onto Wankers for Mitt!!”

Whoever wrote this.......THANK YOU!!!


35 posted on 11/18/2010 11:45:03 PM PST by dixiechick2000 ("First they ignore you, then they ridicule you, then they fight you, then you win." - Gandhi)
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To: jazusamo

36 posted on 11/18/2010 11:45:41 PM PST by Liberty Valance (Keep a simple manner for a happy life :o)
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To: jazusamo
On terrorists, Justice recused"
AG Eric Holder's clients (the REAL reason for the transfer - to free them):
o Saad Al Qahtani
o Mohammed Zahrani
o Achraf Salim ("Sultan") Abdessalam
o Abdul Rahman Abdul Abu Ghityh Sulayman
o Musaab Omar Al Madhwani
o Jawad Jabbar Sadkhan (Al Sahlani)
o Majid Khan


"Attorney General Holder's Advisers Have Conflicts on Detainee Cases"


"Eric Holder's Law Firm Has a history of representing Terrorists"


"Corruptocrat AG Eric Holder's conflicted DOJ"


The Al-Qaeda Bar (Big Law Firms Line Up to Represent Terrorists)
"Some of the nation's wealthiest and most powerful law firms have donated hundreds of
millions of dollars in free legal services to terror suspects at the Guantanamo Bay prison.
Their work, bolstered by left-wing activists groups, has helped to free, or force the
transfer, of hundreds of al Qaeda suspects to third countries. Some have gone back to
terrorism and the job of trying to kill Americans.

The work of big American law firms on behalf of al Qaeda is drawing new attention since
Attorney General Eric Holder decided this month that Khalid Sheik Mohammed, who
orchestrated the murder of over 3,000 9-11, is coming to New York City for trial. Holder
was a partner at Covington & Burling, which in 2005 gave one its attorneys an award for
aiding 17 Yemeni suspects at Guantanamo."

A list of 10 of the largest American legal firms representing Guantanamo terror detainees:
Mayer, Brown, Rowe & Maw
Blank Rome
Manatt, Phelps & Phillips
Shearman & Sterling
Allen & Overy
Convington & Burling
Dorsey & Whitney
Holland & Hart
Hunton & Williams
Paul, Weiss"


"Army Major (Hasan) Played Role in Presidential (Obama) Transition"




37 posted on 11/19/2010 6:31:39 AM PST by Diogenesis ('Freedom is the light of all sentient beings.' - Optimus Prime)
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