Jamesb101.com

commentary on Politics and a little bit of everything else

The White House looks to reverse Attorney General Holder on the Terror Trials…….

Finally getting the message that although Presdient Obama made acampaign promise to try the Girmo 5 and others in civilan courts…the fact is Oabam is the president now…and that policy really doesn’t make too much sense is just needlessly pissing people off and giving the Republicans ammo to shot at them…..

While nice in theory …the practical thing is NOT parade these people in showroom trials that will become political not legal theatre…..

My suggestion…swallow hard…and come out and tell the world you’re keeping Gitmo open……

If you want to bring some of the lesser bad guys to the Michigan prison…do that…but there is absolutly no reaason to carry on with trial is Fedearl Corts in New Yrok City or elsewhere in the United States..leave the bad guys on Castro’s Cubian island……

Here’s the piece……

The president’s advisers feel increasingly hemmed in bybipartisan opposition to a federal trial in New York and demands, mainly from Republicans, that Mohammed and his accused co-conspirators remain under military jurisdiction, officials said. While Obama has favored trying some terrorism suspects in civilian courts as a symbol of U.S. commitment to the rule of law, critics have said military tribunals are the appropriate venue for those accused of attacking the United States.

If Obama accepts the likely recommendation of his advisers, the White House may be able to secure from Congress the funding and legal authority it needs to close the U.S. military prison at Guantanamo Bay, Cuba, and replace it with a facility within the United States. The administration has failed to meet a self-imposed one-year deadline to close Guantanamo.

The administration officials, who spoke on the condition of anonymity to discuss internal deliberations, said the president’s legal advisers are finalizing their review of the cases of Mohammed and four alleged co-conspirators. Asked about the process, White House press secretaryRobert Gibbs said that “no decisions have been made.”

Privately, administration officials are bracing for the ire of disappointed liberals and even some government lawyers should the administration back away from promises to use civilian courts to adjudicate the cases of some of the 188 detainees who remain at Guantanamo.

‘A sad day’

Marine Col. Jeffrey Colwell, acting chief defense counsel at the Defense Department’s Office of Military Commissions, said it would be a “sad day for the rule of law” if Obama decides not to proceed with a federal trial. “I thought the decision where to put people on trial — whether federal court or military commissions — was based on what was right, not what is politically advantageous,” Colwell said.

More………

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March 5, 2010 Posted by | Breaking News, Counterpoints, Crime, Government, Law, Media, Military, Other Things, PoliticalDog Calls, Politics, September 11, Updates | , , , , , , | 7 Comments

The White House is quietly (until now) dividing the GOP on closing down Gitmo…..

It appears that the White House is holding negotiations with Se. Linsey Graham of South Carolina…about what to do with the Guantanamo Bay faclitiy….and possibly opening a Federal Prison in Illinois…..and some other Republicans have been shut out and don’t like it…….

From The Hill…..

Talks between Sen. Lindsey Graham (R-S.C.) and the White House on closing the Guantanamo Bay military prison in Cuba are angering House Republicans who oppose any transfer of detainees to U.S. soil.

Graham, who supports closing the prison as long as doing so does not compromise national security, earlier this week acknowledged that he has held a series of meetings and had phone calls with White House Chief of Staff Rahm Emanuel over the last several weeks over the issue.

Graham wants to establish a new national security court where most of the remaining Guantanamo Bay detainees could be tried. In the talks with Emanuel, he also has expressed a willingness to extend some habeas corpus rights to prisoners detained on terrorism charges.

He’s also discussed the need to rewrite a “rule of law” statute that would ensure some logical process for detaining terrorism suspects that would also provide oversight and judicial recourse.

The Graham-Emanuel talks have unnerved Rep. Pete Hoekstra (Mich.), the senior Republican on the House intelligence committee.

“I think it’s crazy to be negotiating with the White House on this,” said Hoekstra, a vocal critic of transferring detainees to U.S. soil.

He and other House Republicans are worried that Graham will agree to throw his political support behind Obama’s plans to move detainees to a prison facility in Thomson, Ill., in return for forging a deal with the White House on a new national security court system.

“Lindsey didn’t want the detainees in South Carolina when it was under consideration,” Hoekstra noted. “This is a state and local decision, and a decision about whether they should go to Illinois ought to be left to the people of Illinois.”

Rep. Don Manzullo (R), who represents the district where the Thomson facility is located, was equally adamant.

“If Lindsey Graham is involved in talks about moving detainees to Illinois, I hope he would talk to me first,” he said.

As the chief architect of 2006 and 2009 legislation creating military commissions, Graham’s views could carry significant political weight.

More………

February 25, 2010 Posted by | Breaking News, Government, Law, Media, Men, Military, Other Things, Politics, September 11, Updates | , , | 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