Jamesb101.com

commentary on Politics and a little bit of everything else

Again, if these people from Gitmo are going to be tried in US Courts…some are going to be found not guilty….

Josh Gerstein, over at Politico, does a very good piece on something I mentioned a few days ago, when Attorney General Holder announced that he was going to try 5 of the Gitmo detainees, in a New York City Federal Court…..

The thing is…some of these people are going to be found not guilty…already a good number of them have been order released by judges, only to have appeal court’s do the right thing politically and keep the those detainees held for a while longer…..

Most of these people have been harshly interrogated, some of the sources and methods of obtaining information about them are sensitive and some have been detained on information that simply will not be admissible in open court…..

And Attorney general Eric holder will not be able to do a darn thing about it if the  jury decides…’not guilty’…and the judge says let’m go……

Note:….David Axelrod just confirmed what everyone knows…that the government will not be able to keep President Obama’s pledge to close the Guantanamo Bay (Gitmo), detention center by January 22, 2010…..

Note #2:…The detainees coming to American soil may be going to a correctional facility in the President’s home state of Illinois…..

November 15, 2009 Posted by | Crime, Government, Media, Military, Politics | , , , , , , , , , , , | Leave a comment

On AG Eric Holder and holding the trials in New York City….

As I watched the nation’s top lawyer, Attorney General Eric Holder, explain that he would be putting five detainee’s from Guantanamo Bay, in Cuba on trial in a United States Federal Court in downtown New York City around the corner from the World Trade Center  I thought of several things…First …the New York City Police Department has 35,00 cops….along with the US Marshals..there won’t be any problem with security for the trial…..the symbolism was not hard to get….I smiled…but I caught the same thing everyone else in the room caught when someone asked Holder…..”What happens if they are not found guilty?”….I thought…”uh oh?!”…..

While the most pressing political thing is the move is to take care of a campaign problem…..Holder and his boss , The President may have created a bigger problem……..

If my memory serves me well….nNota lot of bad guys tried for terrorism by the FBI have been found guilty of the original charges…as a matter of fact most of them have ended up pleading down to lessor charges…a few even have had the government end up paying them money after they sued and only got them to promise not to come to the United States…..

My mind started to race…..Holder, after assuring everyone that he was sure that these people were guilty, began to slowly realize that he was a member of every court in the United States as AG, he then began to back away from the impression that he  was 1) Shopping for favorable judges, and 2) He was prejudging the verdict of the case in such a way that could prejudice any trail in America….

Now the Republicans aren’t stupid…and they have gone on overdrive to ask the question that reporter never got answered at the presser……’What happens if they are not found guilty?”

Sure the government could recharge them with other crimes…but the government loses cases….government lawyers sometimes get yanked off cases by judges…..and juries are the  arbitrators of  court cases….and you know we could have a situation where Holder is standing in front of a judge getting admonished that the defenders in a trial could have been found not guilty  by a jury and the judge expected them to go free……I can’t see that happening…but it could……

Note: After the move there will be about 215 more detainees at the Guantanamo Bay facility……

November 13, 2009 Posted by | Crime, Government, Law, Media, Military, Politics | , , , , , , , , , | Leave a comment