One of the better "gotcha" moments in political history came yesterday during the Senate Judiciary hearings over the Obama Administration's decision to try Gitmo detainees in a Federal criminal court in New York City (Click to See Full Story: "Republican senators, Holder clash over terrorism trials").
As you will see in the video below, Lindsey Graham clearly exposed Eric Holder's lack of consistency in his decision to prosecute someone like Khalid Sheikh Mohammed in a criminal court rather than by military tribunal. Further, in the best of the best moments, Graham exposed the fact that this will be the first time in U.S. history that an enemy combatant, caught on the battlefield, will be tried in a criminal court. Senator Graham aptly referred to that fact as "making bad history".
I think it is obvious that Holder's stammering and lack of consistent policy shows an intent that is more political than prudently judicial. One can easily conclude that this trial is simply a show, whose primary purpose is to put the Bush Administration (And America!) on trial.
From that video, it is being implied that someone like Khalid Sheikh Mohammed won't ever be released; even if he is acquitted in a criminal court. From this, I would ask: Isn't the purpose of these NY-based trials to prove that America is a country that is firmly grounded in justice? So, based on what was said yesterday, all the peoples of the world have now heard that, in our judicial system, some people will be locked up for life; regardless of the results of their trial. Again,this just confirms that these will be show trials.
Lastly, Obama, himself, has predicted convictions in each of the NY-based criminal trials. While I'm not a lawyer, I would think that a statement like that, coming, from the President of the United States is, in itself, prejudicial to these defendants getting a fair trial and could be the grounds for a mistrial. Isn't Obama a lawyer specifically trained in Constitutional law? Again, it seems like we have another careless comment from Obama; just like his "acting stupidly" comment that he made when talking about arrest of his friend by the Cambridge police. I think the President would have been better off saying that we believe we have a solid case and that he wouldn't comment any further.