Obama: Starting to Get the Hang of This Whole ‘Prejudging’ Thing
President Obama seems to have made up his mind about the Khalid Sheikh Mohammed circus trial that will be coming to a New York courthouse near you. The Associate Press reports (gavel bang: ABA Journal):
Obama, in a series of TV interviews during his trip to Asia, said those offended by the legal rights accorded Mohammed by virtue of his facing a civilian trial rather than a military tribunal won’t find it “offensive at all when he’s convicted and when the death penalty is applied to him.”
I’ve argued that Obama isn’t as cool as everybody makes him out to be, but that was certainly some cold-ass rhetoric. “[W]hen the death penalty is applied to him”? Damn brother, you sending in the Wolf too?
Of course, after the jump, the lawyer part of Obama’s brain kicks in and he backpedals like a professional cornerback.
Obama tried to tell everybody that they didn’t hear what they just heard:
Obama, who is a lawyer, quickly added that he did not mean to suggest he was prejudging the outcome of Mohammed’s trial. “I’m not going to be in that courtroom,” he said. “That’s the job of the prosecutors, the judge and the jury.”
These aren’t the droids you’re looking for. He can go about his business. Move along.
Luckily, Barry Kenobi’s mistake probably won’t matter in the end:
Historians and a legal ethicist said they don’t expect Obama’s remark to affect Mohammed’s trial but called the president’s comments ill-advised. The head of a defense lawyers organization said Obama made the hard job of finding an impartial jury tougher.
I don’t believe in the death penalty. I don’t think the state should be involved in killing anyone, especially a state that can’t figure out how to make sure the quality of your defense doesn’t change if you are rich or poor. I think the death penalty is barbaric and has no place in civilized society … but I hope they put Mohammed’s execution on television so I can enjoy the event with nachos and beer. I guess I’ll just have to tip my cap and call the Leviathan my Daddy.
There is no way Khalid Sheikh Mohammed is making it out of New York alive. None. Obama was just stating the obvious.
Obama, revisiting Nixon, says 9/11 suspect guilty [Associated Press]
Like Nixon, Obama Has an Opinion on the Guilt of a Suspect [ABA Journal]




Comments
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Show trials are very common in banana republics like Obama's birthplace, Kenya, so it should be no surprise that he's bringing them to the U.S.
Also, FIRST!
- 1
Dear Lord -- Elie is throwing STRIKES these days. Who is this guy?
I wonder if Obama is a good tipper.
Elie - you are on FIRE.
Obama and Holder fucked-up royally. Time to own up to it and reverse the stupidity. "after further consideration, we are re-directing the matter to the military courts." There - that should do it.
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=80530
I should know this, but is KSM even accredited by the ABA?
Stop with the slur that he was born in Kenya.
We all know that the reason Obama bowed was that he got confused and thought he was meeting President Suharto, whom he grew up revering, rather than Emperor Akihito. In my annual migrations, I frequently mistake the Japanese for the Javanese.
Please stike comment 6. Pasted the wrong thing.
-6.
I think Partner Emeritus really left. Please stop publishing the murder novel.
Awesome Star Wars reference Ellie.
Every Star Wars reference is full of win.
In fact, I believe that everything could be reduced to a Star Wars quote or event.
Keep em' coming.
two months ago, who would have known that Future Elie = AWESOME
?
LEGAL EAGLE FUNERAL WATCH
A funeral was held today for Partner Emeritus, who was murdered by Susanna Dokupil's tortured prose.
The service was performed by an Article III officiant at a preeminent peer cathedral. It lasted .9 billable hours.
In his eulogy, JaKe Emeritus said it would be a fitting tribute to his father if all cogs in attendance got back to work.
SECOND! first to say second!
I have to agree, Elie's been killin' it recently. Well done, well done!!
Ummm, isn't like two-days-ago news?
The Associate Press? Is that some new news service that was developed to help associates meet their billable hours requirements?
wow...the people leaving comments are pretty dumb...
1. he will be found guilty and executed. [bho]
2. if he is not convicted, we will hold him anyway. [eric holder]
thank god we finally have the hope and change and fierce moral urgency that had been lacking in america!
14,
As the coffin was lowered, Jake tossed in a quarter. A penurious nescient dived in after it and was buried alive.
Definitely a teachable moment.
If I was an unemployed lawyer I would kill to get on that jury. Trial will last months ($40/day or something) and then I would write a tell-all. The release would coincide with the execution.
Of course, if the Executive Branch didn't believe a defendant to be guilty, why would they be prosecuting him? Isn't pressing the matter the equivalent of acting upon a belief in guilt?
Of course, if the Executive Branch didn't believe a defendant to be guilty, why would they be prosecuting him? Isn't pressing the matter the equivalent of acting upon a belief in guilt?
Look. A turn-around for Elie is obvious. And, knowing that Elie cares about us as much as care about him, I think he owes it to us to share his secret. Was it medication? Which one? Whatever it is, I need some.
Considering that this CLOWN MORON basically just tainted the entire jury pool with his rhetorical flourishing and inept conceptions of justice, it's clear that KSM will argue, almost immediately, that he cannot get a fair trial anywhere. Thanks, CLOWN MORON.
Funny, Elie, how you never lauded Bush -- in fact, just the opposite -- for his cowboy approach to killing terrorists. But then again, we all know Obama can do no wrong in your eyes. When Obama makes light of executing a terrorist -- well, just this once you'll make an exception and enjoy the spectacle with nachos and beer. Quite the principled approach you've got there.
A show trial indeed. But not a show trial of KSM. Rather, a show trial of GWB. That is the only goal of this trial that makes sense of their action. They want to put Bush on trial. And it will happen.
The question is, even if it brings joy to liberals, is it good for the country? When will liberals put the interests of the nation before their political agendas?
Hey 27, quit being racist. You don't want to end up in one of Elie's True/Slant columns do you?
@26: You, sir, are a colossal moron. Please instruct us all as to how the senile old man and Caribou Barbie would have been a better choice last November? In what frackin' universe?? I want some of whatever you're smoking, bro, it must be primo. And stop wetting your pants over the fact that these men will be tried in civilian courts. Just a reminder, this is supposed to be a country of laws. Try reading and following them for a change, dickwad.
Who wants to bet that KSM will win a motion for change of venue? There's no way this trial will stay in NYC.
Also, we need to move the trial to somewhere in Real America. All those liberal fuckers in NYC will acquit KSM.
Obama, or someone acting on his behalf, better have decided that KSM is guilty, or there shouldn't be a trial. The prosecutors work for the President, the judges and the jurors do not.
14 for the win.
Any bonus news today? Skadden? Sullivan & Cromwell? Hello?
28 is correct. By compelling Holder to put KSM on trial in NYC, Obama absolves himself from the decision and will let all the fallout come to Holder's door while the ass clown emerges smelling like a rose.
Obama has no policy, no direction, no initiative. All he has is "not Bush." This is yet another example. And, he symphasizes with Muslim terrorists, which is why the regime is quick to come to the defense of the Ft. Hood assassin, branding it a "tragic shooting" instead of a terrorist attack. Remember, the 5 people who died in Boston in 1770 weren't the victims of a 'tragic shooting.' They were victims of a MASSACRE.
This regime is a 5th column seeking to destroy the fabric of this nation and do so riding the "not Bush" car down the road to perdition.
There's no way this guy Elie got into Harvard on merit. No f-ing way.
CHECK YOU PATRICK EWING
28 & 36,
Why do you believe that trying KSM in New York would not be good for the country?
Why is the Kellogg School of Management on trial?
Seriously, Elie, ATL has been excellent the last couple of days. I also just read the post you link to re Obama. High quality. Keep it up.
14, thanks for the laugh
35 = Hannity's left testicle
Good job, Elie. Also, I miss PE.
Given the way people listen to Obama's rhetoric, how can this guy get a fair trial? After all, the "messiah" says the guys is going to get the death penalty, that means 50+% of Americans, the ones who can't think for themselves, won't be available for the jury. Going to be hard to find a fair jury... damn constitutional protections...
Nice Star Wars reference.
Funniest damn post I've read in a while. Nice work.
Guess I have to jump on this bandwagon and agree that Elie has un-jumped the shark of late.
Nice Pulp Fiction reference Elie!
so - if this guy somehow gets off and then yells alalalalalalah and blows himself up on the way home taking a bunch of americans with him - would the defense attorney consider it a job well done?
Even I, as a non-lawyer, know the rule of law is a myth and Courts hide behind unpublished decisions when they violate the "Constitution" thousands of times of a day. But show trials like this are going to be watched carefully and the Judges will be unable to bullshit their way through so easily. These trial will become a forum for the terrorists and their views. That scumbag in the White House has put his ideology above the national interest. Make no mistake about it, he doesn't care that 3,000 people died on 9/11.
"Even I, as a non-lawyer, know the rule of law is a myth and Courts hide behind unpublished decisions when they violate the "Constitution" thousands of times of a day."
You sure are a non-lawyer!
This is Obama's way of guaranteeing that the terrorist go free. If the President's statement of guilt doesn't consitute governmental prejudicial influence of jurors, then it's hard to say what would.
This just in....White House spokesperson says that remarks of President Obama and Attorney General Holder regarding KSM trial and decision to accord KSM constitutional rights are fault of Bush Administration policies. The White spokesperson further clarified that Obama was not aware he was making those comments but was informed of his comments later by Attorney General Holder. Finally, the White spokesperson noted that in any event President Obama is convinced that the decision to hold the KSM trial in New York will result in Assad, Putin and Ahmadinejad realizing what a totally awesome dude President Obama really is (as opposed to mean old George Bush) and that they will all stop their killing and come over for a beer on the White House lawn sometime soon.
36--
You have about a 95% chance of being correct. Almost no one gets into Harvard on merit. Most get in because they had a good three hour test session and had an undeserved GPA at a "top" undergraduate school thanks to ludicrous grade inflation in a major ending in a "studies" or, alternatively, in a major ending in "science" that doesn't result in a B.S. For those who couldn't even accomplish that, there's always daddy's phone call.
I'll give credit where it's due, however--at least Harvard has the decency of recognizing its anti-meritocratic bent by not issuing letter grades anymore. Now it will be impossible to separate the studious hacks from the idle, borderline-alcoholic hacks.
If Bush had declared someone guilty beforehand, liberals would be screaming about a corrupt legal system.
Typical. Double. Standard.
This just in....White House spokesperson says that remarks of President Obama and Attorney General Holder regarding KSM trial and decision to accord KSM constitutional rights are fault of Bush Administration policies. The White spokesperson further clarified that Obama was not aware he was making those comments but was informed of his comments later by Attorney General Holder. Finally, the White spokesperson noted that in any event President Obama is convinced that the decision to hold the KSM trial in New York will result in Assad, Putin and Ahmadinejad realizing what a totally awesome dude President Obama really is (as opposed to mean old George Bush) and that they will all stop their killing and come over for a beer on the White House lawn sometime soon.
Who was it that said (paraphrasing) “The problem with a jury trial is that the people who make the decisions are too stupid to get out of jury duty”?
I’m no lawyer (and this question will certainly remove any doubt), but isn’t the principle determinant in deciding the trial’s venue (as it pertains to this case) whether KSM is accused of an act of war (military tribunal) or civil criminal action (civilian venue)?
Ah, never mind…if Obama’s involved than it’s got to be okay (just like the White House’s jobs statistic from nonexistent congressional precincts as reported by ABC). That’s why I voted for him…several times and in multiple precincts just like those helpful folks from ACORN showed me.
does KSM have defense attorneys yet? who're they going to be?
#1 - Finally a first post with substance. Outstanding.
Not a birther
Damn! I knew I shouldn'ta called on this n****.
Elie has made the same mistake as many other death penalty opponents. They are against the death penalty as a matter of principle, but are willing to throw their principles aside in certain circumstances, which eviscerates the whole notion of a position based on principle. Many (not all) death penalty opponents make exceptions to their opposition when it happens near or somehow affects them, or when someone did something really horrible. Either exception shows the speaker has no right to claim the moral high ground, since they are willing to discard their moral opposition when they choose.
I'm glad 49 is a non-lawyer. I'd hate to have someone that stupid practicing law.
49 - How do you "know" the rule of law is a myth? What unpublished opinions are you referring to? Heck, have you ever even read a full opinion, published or unpublished?
55 -- That would be funny if what was being done to this country wasnt so tragic.
Why did you throw a fucking slow-pitch softball to these mentally ill Obama haters?
Do you not understand that about 30 percent of this country (thank God not more) are Limbaugh-loving, angry Republicans who hate Democrats? Your site is, unfortunately, infested with them. So when you put a post that mentions Obama at all, which under normal circumstances is a normal thing to do, the weirdo wackjobs come out of the woodwork.
Time to accept the fact that we voted in a totally naive FOOL. He might be an effective president of neverneverland.
People use to think Bush was an embarrassment overseas...I imagine the laughs Iran and Russia have over this wimpy, self aggrandizing blowhard.
Time to accept the fact that we voted in a totally naive FOOL. He might be an effective president of neverneverland.
People use to think Bush was an embarrassment overseas...I imagine the laughs Iran and Russia have over this wimpy, self aggrandizing blowhard.
50,
49 here. Your comment shows what a wet -behind-the-ears liberal retard and inexperienced lawyer you are. I've worked in a Courthouse for years and I see what judges do with the common street thugs. Constitutional law is whatever the man/woman in robes says it is. And nobody cares either.
Time to accept the fact that we voted in a totally naive FOOL. He might be an effective president of neverneverland.
People use to think Bush was an embarrassment overseas...I imagine the laughs Iran and Russia have over this wimpy, self aggrandizing blowhard.
63 -- Implicit in your comment of course was that there was a slow pitch to throw. That's the point -- your Messiah has screwed up so many times, even folks like Elie cant ignore it anymore.
This just in....White House spokesperson says that remarks of President Obama and Attorney General Holder regarding KSM trial and decision to accord KSM constitutional rights are fault of Bush Administration policies. The White House spokesperson further clarified that Obama was not aware he was making those comments but was informed of his comments later by Attorney General Holder. Finally, the White House spokesperson noted that in any event President Obama is convinced that the decision to hold the KSM trial in New York will result in Assad, Putin and Ahmadinejad realizing what a totally awesome dude President Obama really is (as opposed to mean old George Bush) and that they will all stop their killing and come over for a beer on the White House lawn sometime soon.
61,
49 here. I read unpublished decisions all the time. I'm amazed, have any of the "lawyers" posting on this blog ever set foot in a Courtroom or try a case? Judges lie all the time. You people can't be that naive?!
Why do "non-lawyers" keep posting on this comment thread? Please go away. We don't have the time to explain things you're too stupid to understand.
68:
If George Bush or Cock Cheney had made those comments, you'd be down on the ground sucking their right-wing dicks for being tough-talking no-nonsense cowboys. You have an inherent hated of Obama and Democrats and thus have no credibility in these debates. Furthermore, in criticizing your president for trying to convict terrorists, you are a Muslim-loving terrorist supporter.
72 -- Cock Cheney, thats pretty clever. Sad post. Try again.
71,
Explain things like what? How to be a pussy crybaby because bonuses were cut 50%?
All you right wing assholes:
Your idiocy, anit-Americanism, hatred and mental illness are all the fault of the Bush administration.
This just in...White House spokesperson says Above the Law is the fault of Bush Administration policies and although President Obama was informed of Elie's decision to post about the KSM trial, he did not take part in the decision.
This just in . . . The Bush administration has said it is not responsible for the mentally ill, deranged right-wing wack jobs who listen to Rush Limbaugh and post on sites like above the law. The Bush administration is tired of being blamed for the Republican party falling off the deep end and being controlled by Sarah Palin-loving retards.
Morons: Obama is the President and is in charge of the Justice Department seeking KSM's conviction. Translation - he must believe that KSM is good for it, or he shouldn't be pressing for his prosecution in any court - civilian or military.
Also, how can you be wailing about the supposed prejudice of the President saying that he believes KSM will be found guilty and sentenced to death, while at the same time wailing on the Faux News website that one of the dangers of a civilian trial is if one of these guys is acquitted. Guess what? The risk of aquittal is an inherently necessary risk in any trial if it is to be legitimate. Otherwise, we might as well convict everyone in secret trials and just forget about the rule of law.
78,
/agree with you.
While I think the idea of putting him on trial in front of a civilian court is stupid and unnecessary, Obama's just stating the obvious.
When it comes to people accused of horrible crimes (think serial killers, child rapists, etc.), juries throw the burden of proof out the window. There isn't a person in this country (nevermind a person of Arab descent) that a New York jury wouldn't find guilty of being the mastermind behind the 9/11 attacks if given even the flimsiest of evidence.
Sleep well kiddies.
Hey Tibor--30: What did 26's comment have to do with McCain? If I disagree with Obama, besides making me an obvious racist, does it mean that I must agree with McCain and have voted for him? Is it possible that someone may have voted for Obama and disagrees with him on this or other decisions? If that is the case, and it describes me, am I *now* a racist or that I must now vote republican from here on out? Please explain because your comment is full of so much FAIL that I do not know how you were able to click the post button without your brain slapping your face.
For everyone whining and bitching about these terrorists being tried in civilian court:
You are unAmerican to suggest that our brave men and women on the NYPD and other law-enforcement agencies cannot handle these terrorist scumbags. I am in law enforcement myself, and can tell you that many of us will never forgive you Republicans for suggesting that we are not up to the task. It may surprise you, but law enforcement is made of some tough SOBs, who can totally control these terrorists. The more you criticize this decision, the more unAmerican you are. These officers put their lives on the line every day, while you little right-wing pussies sit in your office pushing paper.
How dare you question the abilities of New York's finest.
82=some putz whose cousin is a probie. get a life.
I'm calling BS on #82.
"...especially a state that can’t figure out how to make sure the quality of your defense doesn’t change if you are rich or poor."
Which state's HAVE figured this out, in your estimation?
Good post, Elie. I could actually see Obama backpedalling like a cornerback. He's an althetic dude.
PE's funeral was well attended by a "who's who" of the legal world... and several strippers from Rick's Cabaret.
63 (who I assume =75=77):
Well done.
You have clearly outlined the danger posed by irrational people who engage in scurrilous, ad hominem attacks.
23, 24, 32:
Um, the Attorney General doesn't "work for" the President, at least in any customary sense of the word. There's this whole thing about the need for the Attorney General to exercise legal judgment independent of political concerns from the White House. It was a big deal among liberals in the early 1970s. Also during the years 2000-2007 (I think Mukasey gets a pass).
Besides, as a matter of line responsibility, the AG and other federal prosecutors may "report" to the President, but that does not make the President a prosecutor. He ought to hold his tongue.
Although, much in the fashion of Elie today (who took temporary leave of his anti-death penalty sentiments), I viscerally applaud the idea that KSM should be drawn and quartered.--consistency being the hobgoblin of small minds, and all that.
I am in shock.
This from a Peace Prize winner? Especially one who "taught" Con Law at Chicago? Speaking of, do you think Obama had a telepromter in class as he was lecturing?
What a complete joke.
Something tells me my time with my granddaughter, Teri, is going to be cut short.
43 is on to something. The nutjob liberals who would be inclined to find some reason to acquit a non-WASP have been told instead by their messiah to fry his ass. So whoever is on the jury will be ready to fry his ass because is deserves frying or because The One told them to.
43 is on to something. The nutjob liberals who would be inclined to find some reason to acquit a non-WASP have been told instead by their messiah to fry his ass. So whoever is on the jury will be ready to fry his ass because is deserves frying or because The One told them to.
90,
Could you spell out exactly what Obama did wrong here? Isn't the federal government supposed to have an opinion on the culpability of those the prosecute?
94 - Have you ever heard the phrase "innocent until proven guilty" or were sick the day they taught law in law school?
The telepromter-In-Chief talks and the morons listen.
88:
Thank you. Somebody's got to put an end to these right-wing nutjobs.
--63
95 - if the government presumes him to be innocent, it shouldn't charge him and it should no longer be holding him.
97, you left wing loons will be put down in 2010 and 2012. Can't even make an argument for this latest Obama stupidity, huh? BTW, Odingo's favorable poll numbers have crashed below 50%. So much for your "about" 30% number. Trying 5 in Federal Court and another 5 before a military tribunal. LMAO!
The pressumption of innocence is a right accorded to citizens. This guy is a foreign terrorist who plotted the death of our countrmen. We don't go around the Middle East holding trials before our troops engage in combat. As far as I am concerned what he did is 1000 times worse than taking pot shots from a village hut in timbutkto.
After the feds got all the useful info they wanted from him, he should have been promptly tried to a military tribunal, promptly sentenced, and promptly shot (preferably hung).
This is what you get when you put a darkie in the White House. He's out to destroy America. I just hope he starts first with all the lawyers.
63/97:
It appears that my use of irony may have escaped you.
Either that, or your 97 may be continuing the irony in a wonderfully understated way.
99/102:
The best way to deal w/right wing wackos is to pretend like they don't exist. The Palin-loving, Limbo-worshiping, Fox News Watching, born-in-Kenya-charging, town-hall wailing mentally ill weirdo fucked up nutjobs account for no more than 30% of this country. Those are the people, who if their numbers increased, it would be scary. Given that they do not have a majority, the important thing to do is to ignore them. They have no power, and they are seriously fucked up.
103:
My philosophy is that because the wackos have no power, why not do little things to screw with them. Let's give health carfe to illegal immigrants just to see them pissed off. Let's give free abortion as part of the health care bill just to see their reaction. There is nothing as fun as watching a right-wing wacko lose control of him- or herself.
No Power??!! Is that why Obama and the Democratic majority can't pass a healthcare bill? Won't be able to either. Go back to the Huffington Post and try to cite something else to make yourself seem intelligent.
28 nailed it. Even Barry O wouldn't be safe if he and Rahm straight leaked all of the bad the things Bush/Cheney & co did with regard to capturing and interrogating KSM.
Now they get to burn Bush _again_ from the comfort of DC, while KSM's defense attorney and the trial judge serve as their proxies and compel disclosure of even more inflammatory material.
That's why only some of the terrorists are being tried in NYC; B.O. wants to expose the worst facts possible and he doesn't want to take responsibility for it. Instead a career judge will have to take the heat because the rules of a civilian court leave him no choice.
Evil.
Heard he was going to give a "shout out" to UBL during the KSM announcement.
Can someone explain to me why we are trying a defendant who has admitted guilt and requested the death penalty? Would a prosecutor EVER try anyone willing to plead guilty and accept the maximum sentence?
Obama's true motivations are very clear and have been aptly stated by others.
There's really not any decent reason to put KSM on trial in a civilian court. Tell me, is every captured member of the Taliban and AQ captured overseas to be tried in a federal court now? Would Lincoln and FDR been so stupid as to assign civilian courts the responsibility of handling acts of war? Totally ludicrous. It's going to bite this admin in the ass.
And a Kum-by-a backatcha, big guy!
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