This Presidential Campaign Brought to You by a Massive Capitulation on Civilian Law

/in /by

Reports are trickling out that Eric Holder will announce an epic cave this afternoon on his earlier decision to try the 9/11 defendants in civilian courts.

Attorney General Eric Holder today will announce that self-proclaimed Sept. 11 mastermind Khalid Sheikh Mohammad will be tried in a military commission, CBS News has learned. A source says the commission will be held at the Guantanamo Bay prison.

As Adam Serwer and MadDog have pointed out, how pathetic that this announcement comes on the same day that Obama launches his reelection campaign with a note that says, in part,

So even though I’m focused on the job you elected me to do, and the race may not reach full speed for a year or more, the work of laying the foundation for our campaign must start today.

We’ve always known that lasting change wouldn’t come quickly or easily. It never does. But as my administration and folks across the country fight to protect the progress we’ve made — and make more — we also need to begin mobilizing for 2012, long before the time comes for me to begin campaigning in earnest.

[snip]

We’ll start by doing something unprecedented: coordinating millions of one-on-one conversations between supporters across every single state, reconnecting old friends, inspiring new ones to join the cause, and readying ourselves for next year’s fight.

Because nothing says “laying the foundation” of a Presidential campaign and “inspiring new” supporters like caving to fearmongering.

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  1. MadDog says:

    If the news on these Military Commissions sounds familiar, one only has to go back to Obama’s 2008 campaign which had his epic cave on Retroactive Immunity for illegal warrantless surveillance by the Telcos.

    The political rationale is the very same. Take the “soft against terrorism” unpleasantness that the Repugs might use against Obama off the table.

    No matter that it’s morally wrong. Political expedience trumps all else.

  2. JTMinIA says:

    Obama is absolutely correct that a fight will be needed to protect the progress that has been made. Just because two consecutive administrations from opposing parties have done much to establish that we now live in a country that bears little resemblance to its stated ideals, said “progress” might well be fragile.

    Thank g*d.

    And while I’m not a big fan of verbizing nouns and I’m happy to no longer live in an area where the Ohio Valley Dialect is used, I say with all sincerity: Obama needs primaried.

  3. prostratedragon says:

    Yeah. One is tempted to say things that should probably await another day, like these two announcements should have.

    • BoxTurtle says:

      A credable primary opponent could raise $10M in 48 hours from the net. Which is why there is some much pressure to prevent a primary. The Dem leadership remembers Anderson. And Nader.

      Boxturtle (At this point, I’d send money to Lady Gaga)

  8. Gitcheegumee says:

    ..coordinating millions of one on one conversations…

    Well, there’s one use for TIA.

  10. gesneri says:

    Terrorists are criminals; they should be treated like criminals and be tried in civilian courts. This is all nothing more than massive propaganda to inflate the “War on Terror”. I don’t believe you should prosecute someone for what they were thinking when they committed a criminal act–they should be prosecuted for their criminal actions.

  11. BoxTurtle says:

    *sigh* We’ll just have to retry him after real courts have tossed the commissions on constitutional grounds.

    Can’t wait for the first real court challenge of evidence obtained under torture.

    Boxturtle (Obama could care less about grassroots support. He needs $1B and only the chamber can provide it)

  13. tjbs says:

    It is who he is, enabling Torture/ Murder/ Treason, carrying it on himself.
    Now he personally owns a war. He’s boosting G(lobal) E(xtinction)nuclear answer to our energy problems.

    What will it take to stop the insanity.

    Am I in(sane) ?

  14. ThingsComeUndone says:

    I wonder what Obama’s views of the Rolondo Cruz death penalty case were that was a big case in Illinois ru=ight when he became Senator the anti GOP feeling that case generated killed the GOP in Illinois that is until the most recent election.

    • emptywheel says:

      Starting with the fact that it will be EASIER to get a death penalty in a civilian court?

      You going soft on killing KSM?

      How about the fact that the courts have hundreds of years of experience doing this kind of thing and MCs still have a lot of untested legal issues.

      Would you want a rookie flying your most difficult to fly plane? Because we’re asking a rookie court to try KSM. For no good reason.

      • mikefromArlington says:

        Only problem is this I see. In most courts of law, torture would probably be justification enough to throw the whole case out.

        Or are we going to assume Yoo’s/Thiessen torture justifications will hold up in civilian court?

        I just don’t see this case being so cut/dry as your standard terrorist case for the reason I stated above is all

        • emptywheel says:

          I guess you haven’t been paying attention, then.

          You do know that Ahmed Ghailani was already tried in court, right?

          His torture did not impede the conviction in any way save one: because another witness was only identified via his torture, and himself may have been tortured, that witness was excluded.

          But, as the judge in the case said, that same witness would be explicitly excluded under the written rules of the MCs, and would have to be excluded by law.

          It doesn’t matter anyway bc they have tons of evidence against KSM.

          So again, 1) Are you afraid of trying for a death sentence, and 2) Do you really want a rookie flying your most complex plane?

          A yes or no answer to both questions would be nice.

          • ThingsComeUndone says:

            So by going to a MC they avoid having torture discussed again thats motive enough for an MC. However if he was found guilty why try him again? I’m sure we have lots of evidence of lots of crimes he did but if he is never going to be free again whats the point of another trial?

            • BoxTurtle says:

              We wanna pretend we’re following the law. If possible. I’m with you: If we’re going to hold him forever anyway, just find him guilty, classify the evidence as TS/SCI and throw him in a hole.

              Boxturtle (And hope you never look Scary, Brown , or Moslem to the CIA)

              • ThingsComeUndone says:

                I think Obama wants a conviction in time to help his reelection.

                As far as

                Boxturtle (And hope you never look Scary, Brown , or Moslem to the CIA)

                Scary and Brown I can’t help that:), Moslem well I think they are ok but I have problems with most religions.

          • Beese says:

            Are you afraid of trying for a death sentence?

            A government that can inflict the death penalty on Mohammed can and will inflict it on Bradley Manning as well.

            There is no human institution on earth that can be trusted with this ultimate power. Let alone a maggot-infested excrescence of evil like the US government.

            Your lust for Mohammed’s blood is clouding your judgment.

            • emptywheel says:

              Actually, I personally would prefer KSM to wait out his life in obscurity, like all the other terrorists we’ve tried. His death will be a rallying call for others.

              But I figure people who show up and troll about how much we need MCs want to see blood.

        • BoxTurtle says:

          Only problem is this I see. In most courts of law, torture would probably be justification enough to throw the whole case out.

          First, that’s NOT a problem. That’s the way things are supposed to work. Evidence obtained under torture is proven unreliable. People will say anything to get it to stop.

          Or are we going to assume Yoo’s/Thiessen torture justifications will hold up in civilian court?

          It won’t hold up. That’s why the GOPers love their commissions, the last thing they want is for Bush to be held responsable for a terrorist walking.

          I just don’t see this case being so cut/dry as your standard terrorist case for the reason I stated above is all

          It isn’t, because of the BushCo torture. ANY evidence obtained from a captive under BushCo could be challenged. Had BushCo not tortured, we would likely have had several convictions in real courts, including KSM.

          Boxturtle (Are you up to speed with the rest of the class yet?)

    • JTMinIA says:

      “I guess I don’t see what the big deal is.”

      Good doggy. Now roll over. Good, boy. Now go shop at WalMart.

    • gesneri says:

      Excuse me, but are you saying you have no sense of right and wrong at all? Is your disapproval of any action or event based solely on whether it will “affect your life” in a bad way? Because if so, I’d be embarrassed to admit it if I were you.

  19. ThingsComeUndone says:

    I wonder what Obama’s views of the Rolondo Cruz death penalty case were that was a big case in Illinois ru=ight when he became Senator the anti GOP feeling that case generated killed the GOP in Illinois that is until the most recent election.
    The prosecutors lied withheld evidence that a convicted serial killer was willing to confess and provide details of the killings to prove he did it. Because of that the serial killer was protected by Mexican Prison gangs:)
    Several GOPers who worked on the case over the years ran for statewide office that year energizing the Latino vote.
    Obama owes his winning that election because of police and prosecutors not giving a man several fair trials.

  20. Margaret says:

    Because nothing says “laying the foundation” of a Presidential campaign and “inspiring new” supporters like caving to fearmongering everything.

    Sorry, I thought that needed to be said.

  21. NorskeFlamethrower says:

    AND THE KILLIN’ GOEZ ON AND ON AND…

    Citizen emptywheel:

    aYup…there it is a complete capitulation to everything the Bush administration and the ongoing American militocracy instituted and ObamaRahama ran against in 2008. For that reason and so many more, I have started a strategy of insurgent push back that I think might cause some consternation on the part of those smug, fascist aparatchiks who run the ObamaRahma administration. The first action I have taken and intend to continue until they figure it out has to do with responding to the solicitations from Obama for America and the DCCC. This mornin’, just five minutes ago in fact, I sent a response to the DCCC solicitation leveraging off Obama’s announcement by donating $00.05. I figure that it takes at least $0.50 to process the solicitation so if they won’t provide for comments or feedback on their fundraisin’ emails then I’ll try and cost ’em some money not to listen to my criticisms.

    I’ve got a couple of other ideas too that I’m gunna throw at ’em at the next oportunity and I’ll letcha know how this one works out…
    And by the way, Saturday our recall canvass sent 100 doorknockers out with recall petitions in this community of 9,000 folks. Now, we had already garnered 700 signatures in the first 3 weeks and Saturday we got another 651 and according to unofficial reports we’re approachin’ 125% of what we need in this very red district. Don’t just get mad – kick the bastards all the way out ta North Dakota!!!
    KEEP THE FAITH AND PASS THE AMMUNITION, WE ARE ALL EGYPTIANS NOW AND WE KNOW WHO THE ENEMY IS!!

  22. ThingsComeUndone says:

    Is Obama venue shopping and pushing a military trial so he can get a death penalty verdict? New York doesn’t have the Death Penalty right or am I wrong a federal case should have the death penalty who has jurisdiction I guess is my first question.
    My next is by moving this case to the military do they get the Death Penalty?

    • emptywheel says:

      No. There is a Federal death penalty. This is a federal case.

      They would have an easier time getting a death penalty verdict in a federal court bc MCs may exclude death penalty for those who plead guilty, as KSM tried to do the last time he was in an MC.

      • ThingsComeUndone says:

        They would have an easier time getting a death penalty verdict in a federal court bc MCs may exclude death penalty for those who plead guilty, as KSM tried to do the last time he was in an MC.

        Obama and Holder are both Chicago lawyers they know that torture of a suspect to testify against Cruz is part of what we suspected happened in the Cruz case and they know what happened in that case. Do they think they can railroad a suspect better than the Illinois GOP with all the national and international attention this case will get?

  24. PeasantParty says:

    This man, the one that allowed the GOP to hold all Americans hostage in December, 2010 and many other times is asking for our support?

    Hey, BenitoObama! Sorry, but you are looking in the wrong direction if you think we are going to fall over. There is a HUGE effort to write in our own candidate for President!

  25. mikefromArlington says:

    1) Are you afraid of trying for a death sentence.

    Nope

    2) Do you really want a rookie flying your most complex plane?

    I don’t know who the prosecutor is to be honest.

    But if you’re saying….It doesn’t matter anyway bc they have tons of evidence against KSM? then…

    You just answered your own question. What does it matter?

    Thanks for the back and forth.. eat me for the other snarky poops on here.

    • emptywheel says:

      It matters bc even if God were the prosecutor, there’d still be no established rules about how to prosecute.

      The way our law works is this stuff is developed through precedent over the centuries, and then tested in those precedents. None of that exists for MCs.

    • PeasantParty says:

      We are the United States, and most people are United in following the laws of this land. Just because they have evidence does not pronounce guilt. Here, a man is innocent until proven guilty in a court of law. The MC is for military infringments, like a JAG attorney would work under.

      If we are holding prisoners that are suspect of war crimes, them we must first have declared war legally through Congress. Also, those prisoners must be sent to trial by the United States and not a partioned MC trial.

      It does matter, and it matters greatly. Unless, you feel like most of us here that the President is the great Pretender and the DOJ is the department of jokes.

  28. ThingsComeUndone says:

    It took a new Senator named Obama to require that interviews be taped.) It was about the murder of little Jeanne Nicarico. It really wasn’t much, but if anything in the dream led to the killer, then there was a reward of $10,000.

    The evidence had been rigged and testimony squashed. There was even talk that Hernandez, who was offered a lighter sentence if he testified against Cruz, which he did, may have been tortured.

    http://www.dailykos.com/story/2009/01/02/669652/-Rolando-Cruz-was-railroaded

    To bad the Feds don’t tape interviews with police/torture like we do now in Illinois what happened to Obama does he say anything to get elected or does he have a pod?

    • ThingsComeUndone says:

      Hernandez it should be noted never met Cruz so how could he testify against him? That testimony was all fabricated until today I never new that detail about the case learn something new every day:)

  30. Tracerfan says:

    Expect an increase in the killing of civilians in Afghanistan now, as Zero must look “tough” for his reelection campaign. They are expendable for his all-important ego.

  31. marymccurnin says:

    I just heard from the O campaign via facebook asking for support. This is my reply:

    No. Obama sold out the people. The health care bill is compromise in its weakest form. Obama has strengthened the concept of the Unitary Executive Theory in ways that Bush could only dream about. He denied the WI unions any help through the democratic party. He is a war monger. He is a friend to the banksters. He cut the home heating assistance to the poor. He agreed to the continued tax cuts for the rich. Not because he had no choice but because he is a neoliberal. The Shock Doctrine lives in Obama. And he did not respond to the BP oil spill as a president would or should. I could go on and on and on but it would ruin my day.

  32. FlakeyFoont says:

    If KSM somehow managed to be acquitted because the government fucks up the case, would they let him go? If not, then isn’t this all a farce?

    • ThingsComeUndone says:

      Its a farce he won’t be let go Obama would really really have to fuck up the case and that fuck up would have to be made public which given the toads in the Main Stream Media is not going to happen.

    • BoxTurtle says:

      Obama has claimed the power to hold someone indefinitely with nothing other than his signature. I assume he will use that power to hold just about anyone in Gitmo who beats their case. Especially KSM. The opinions of real courts on this have yet to be tested, but congress isn’t challenging it.

      Under normal US law, if your case is tossed, you walk. If the cops think you’re still dangerous, they watch you closely for awhile and hope to catch you doing it again. They’ve release child rapists when the case has collasped for no other reason than the kid doesn’t want to testify.

      Boxturtle (Somebody needs to tell the GOP that whatever happens to KSM could legally happen to them)

    • Surtt says:

      If KSM somehow managed to be acquitted because the government fucks up the case, would they let him go? If not, then isn’t this all a farce?

      Obama has already stated he won’t let him go, even if acquitted.

  33. ThingsComeUndone says:

    So Obama was against torture and fought to get police interviews tapped to prevent torture in Illinois. But he becomes President and he changes his mind about torture evidence?
    Why is my question. Why is a question the WH Press Corps should ask.

    • PeasantParty says:

      Obama is the Great Pretender.

      My question is how can they try under a Military Commission?

      None of the people going to trial are military personnel and a real war was never declared.

  35. waynec says:

    Norske,

    Did you use credit card or send a check?

    Wanna know, ’cause I too want to leave a comment but there is no provision for doing so.

    BTW, great idea.

  36. bailey2739 says:

    EW, How about an FDL two question Poll of site visitors over a 1 week period: “Did you vote for Obama in 2008? Is there ANYTHING he can do between now & 2012 to earn your vote in 2012?

    My Poll response is a resounding “YES” to the first question, and an equally resounding “NO” to the second.

  40. tammanytiger says:

    Before this latest capitulation to the right, Obama had already lost any hope of my contributing to or working for his re-election. Now he’s on the verge of losing my vote as well.

    I had low expectations for Obama because he’s an alumnus of the Senate Democrats, who have been absolutely craven in the face of Republican claims that they’re “weak on national security.” Incredibly, however, Obama has underachieved.

  41. lsls says:

    coordinating millions of one-on-one conversations between supporters across every single state, reconnecting old friends, inspiring new ones to join the cause, and readying ourselves for next year’s fight

    Heh…no wonder Gibbs is auditioning for that Facebook job..

  42. textynn says:

    snOwbama has done NOTHING he said he was going to do. He works for the banks and is allowing them to impoverish every American to serve the top OnePercent. He is a NWO chump. i wouldn’t vote for him again for any reason what so ever. Nothing will make me vote for this phony right wing, elite loving user. He has done nothing but tell us what we want to hear while serving us up to the elite. If he wins again I swear i will think Americans are the stupidest people on the planet. It’s scary to live in this country.

  43. captjjyossarian says:

    Terrible news just seems seems to be par for the course. Hope = deception. Change = betrayal.