Why Not Try Khalid Sheikh Mohammed In Federal Court?

by Brian Baldwin -

The Stop The Terror Trial in NYC Rally will be held on Saturday, December 5, 2009, at Noon in Foley Square on the steps of the Federal Courthouse.

Organized and led by the 911 Never Forget Coalition, the rally will be supported by 911 family members, FDNY and NYPD personnel, members of the military, veterans, the 912 Project, Tea Party Patriots and thousands of Americans protesting the plan to hold the trial that will give enemy combatants of the U.S. constitutional protections by holding the trial in U.S federal court.

But why is it wrong to try Khalid Sheikh Mohammed in Federal Court, when Zacarias Moussaoui was successfully tried in Federal Court?

Zacarias Moussaoui, the infamous “20th Hijacker”, was arrested by law enforcement authorities on immigration charges after arousing suspicion at a Minnesota flight school. Moussaoui was mirandized and provided with an attorney. Although he rejected his appointed attorneys and chose to represent himself, the groundwork for a trial in our legal system had been laid down. He was indicted by a Federal Grand Jury on December 11, 2001. His trial finally met its completion in 2006 with a life sentence.


Why shouldn’t Khalid Sheikh Mohammed be tried in Federal Court in NYC? Attorney General Eric Holder says the trials are finally moving forward after “8 years of delay”. Isn’t it time that Khalid Sheikh Mohammed was brought to trial?

But what happens if Khalid Sheikh Mohammed is found not guilty? Don’t worry. Attorney General Eric Holder brushed off the question, saying, "I would not have authorized the bringing of these prosecutions unless I thought that the outcome -- in the outcome we would ultimately be successful. I will say that I have access to information that has not been publicly released that gives me great confidence that we will be successful in the prosecution of these cases in federal court."

President Obama, while visiting Tokyo, said, "I am absolutely convinced that Khalid Sheikh Mohammed will be subject to the most exacting demands of justice…The American people will insist on it and my administration will insist on it."

It certainly sounds as if President Obama and Attorney General Holder are sure of the outcome of this trial. Is this the message we want to send to the Muslim world? We are going to pick and choose which high profile cases will be publicly tried while others, that are not a slam-dunk, are left in Guantanamo to rot in prison or face military tribunals. Doesn’t this undermine the arguments of the left that this must be done to show the world “American Justice”. We are treading on a dangerous path.


This is not the first time Eric Holder has shown bad judgment. As Deputy Attorney General in the Clinton Administration, he pushed for the release of 16 violent FALN terrorists against the advice of the FBI, the US Attorneys who prosecuted them and the NYPD officers injured by them.

Senator Barack Obama often held a different position than President Barack Obama, and this case is no different. In September 2006, debating the Military Commissions Act, then-Senator Obama said Khalid Sheikh Mohammed and those like him would get "basically a full military trial with all the bells and whistles. He's going to have counsel, he's going to be able to present evidence, he's going to be able to rebut the government's case. Because the feeling is that he's guilty of a war crime and to do otherwise might violate some of our agreements under the Geneva Conventions."

"I think that's good that we're going to provide him with some procedure and process," then-Senator Obama said. "I think we will convict him and I think he will be brought to justice. I think justice will be carried out in his case."

Certainly, not everyone has done a 180 on this. Attorney General Holder was never a supporter of military tribunals. As he said, “after 8 years of delay”, we are finally moving forward”. It is true. Very few military tribunals were ever carried out due to leftist attorneys’ attempts to derail the proceedings with legal challenges. Many of these attorneys are in the Obama Justice Department today – including Eric Holder, a former partner in Covington & Burling LLP. Covington and Burling represented at least 18 Guantanamo detainees, donating over 3,000 FREE hours of legal service, making Holder’s claim of “8 years of delay” even more incredible.

Countless lawsuits delayed the military trials. These same delays, created by law firms like Covington and Burling, are the Obama administration’s justification for holding civilian trials.

Khalid Sheikh Mohammed was arrested during a military action involving Pakistani ISI (Inter Service Intelligence) and SOG (Special Operations Group), a division of the CIA responsible for paramilitary operations. He was transferred to military custody at Guantanamo Bay detention camp to face a military tribunal – the tribunal once supported by Senator Barack Obama. Although Khalid Sheikh Mohammed was ready to plead guilty and accept a death sentence, President Obama, upon taking office, suspended all military tribunals.

Now that the trial will be moved to Federal Court, what legal rules will be followed? Miranda rights were not read. No attorney was provided. Will any evidence, testimony or previous confessions be allowed, even though he confessed to being responsible for the planning of 9/11 “from A-Z”? Will our military now be compelled to read Miranda rights and collect evidence on the battle field?

Even Judge, Michael Mukasey, who presided over the trial of the blind sheikh Omer Abdel Rahman says “the plan seems to abandon the view that we are involved in a war”. Khalid Sheikh Mohammed and his co-defendants will now be given a forum to disseminate hatred and propaganda. A civilian trial will compel the US government to reveal intelligence and how it was obtained, thus hindering US efforts to combat terrorism. Al Qaeda will better understand our intelligence gathering techniques and respond accordingly.

Should Zacarias Moussaoui have been tried by military commission? In 2001, President Bush established military commissions, a wartime system of justice used during the Revolutionary and Civil wars as well as World War II. Congress approved these procedures in 2006, long after Moussaoui’s Grand Jury indictment. Military Commissions have since been upheld by the Supreme Court.

The actions of Khalid Sheikh Mohammed were acts of war against the United States and should be prosecuted by a military commission. The world is too dangerous of a place to continue sending mixed messages regarding our commitment to fight terrorism, whether we want to use the name “Terrorism” or “Man-caused Disasters”.

Thanksgiving Day Proclamation 1863

Date: October 3, 1863
By: Abraham Lincoln

The year that is drawing towards its close has been filled with the blessings of fruitful fields and healthful skies. To these bounties, which are so constantly enjoyed that we are prone to forget the source from which they come, others have been added which are of so extraordinary a nature that they cannot fail to penetrate and soften even the heart, which is habitually insensible to the ever-watchful providence of Almighty God. In the midst of a civil war of unequalled magnitude and severity, which has sometimes seemed to invite and provoke the aggression of foreign states, peace has been preserved with all nations, order has been maintained, the laws have been respected and obeyed, and harmony has prevailed everywhere except in the theatre of military conflict, while that theatre has been greatly contracted by the advancing armies and navies of the Union.

The needful diversion of wealth and strength from the fields of peaceful industry to the national defense has not arrested the plough, the shuttle, or the ship. The axe has enlarged the borders of our settlements, and the mines, as well as of iron and coal as of the precious metals, have yielded even more abundantly than heretofore. Population has steadily increased, notwithstanding the waste that has been made in the camp, the siege, and the battlefield; and the country, rejoicing in the consciousness of augmented strength and vigor, is permitted to expect a continuance of years, with large increase of freedom. No human counsel hath devised, nor hath any mortal hand worked out these great things. They are the gracious gifts of the Most High God, who, while dealing with us in anger for our sins, hath nevertheless remembered mercy.

It has seemed to me fit and proper that they should be reverently, solemnly, and gratefully acknowledged, as with one heart and voice, by the whole American people. I do, therefore, invite my fellow-citizens in every part of the United States, and also those who are at sea, and those who are sojourning in foreign lands, to set apart and observe the last Thursday of November next as a day of thanksgiving and prayer to our beneficent Father who dwelleth in the heavens. And I recommend to them that, while offering up the ascriptions justly due to Him for such singular deliverances and blessings, they do also, with humble penitence for our national perverseness and disobedience, commend to His tender care all those who have become widows, orphans, mourners, or sufferers in the lamentable civil strife in which we are unavoidably engaged, and fervently implore the interposition of the Almighty hand to heal the wounds of the nation, and to restore it, as soon as may be consistent with divine purposes, to the full enjoyment of peace, harmony, tranquility, and union.

In testimony where of, I have here unto set my hand, and caused the seal of the United States to be affixed. Done at the city of Washington, this third day of October, in the year of our Lord one thousand eight hundred and sixty-three, and of the independence of the United States the eighty-eighth.

Thanksgiving Day Proclamation 1789

Date: October 3, 1789
By: George Washington

Whereas it is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favour; and Whereas both Houses of Congress have, by their joint committee, requested me "to recommend to the people of the United States a Day Of Public Thanksgiving and Prayer, to be observed by acknowledging with grateful hearts the many and signal favors of Almighty God, especially by affording them an opportunity peaceably to establish a form of government for their safety and happiness:"

Now Therefore, I do recommend and assign Thursday, the Twenty-Sixth Day of November next, to be devoted by the people of these States to the service of that great and glorious Being who is the beneficent author of all the good that was, that is, or that will be; that we may then all unite in rendering unto Him our sincere and humble thanks for His kind care and protection of the people of this country previous to their becoming a nation; for the signal and manifold mercies and the favorable interpositions of His providence in the course and conclusion of the late war; for the great degree of tranquility, union, and plenty which we have since enjoyed;-- for the peaceable and rational manner in which we have been enable to establish Constitutions of government for our safety and happiness, and particularly the national one now lately instituted;-- for the civil and religious liberty with which we are blessed, and the means we have of acquiring and diffusing useful knowledge;-- and, in general, for all the great and various favours which He has been pleased to confer upon us.

And also, that we may then unite in most humbly offering our prayers and supplications to the great Lord and Ruler of Nations and beseech Him to pardon our national and other transgressions: - to enable us all, whether in public or private stations, to perform our several and relative duties properly and punctually; to render our National Government a blessing to all the people by constantly being a Government of wise, just, and constitutional laws, discreetly and faithfully executed and obeyed; to protect and guide all sovereigns and nations (especially such as have shown kindness unto us); and to bless them with good governments, peace, and concord; to promote the knowledge and practice of true religion and virtue, and the increase of science among them and us; and, generally to grant unto all mankind such a degree of temporal prosperity as he alone knows to be best.

Given under my hand, at the city of New York, the third day of October, in the year of our Lord, one thousand seven hundred and eighty-nine.

Thanksgiving Day Proclamation 1981

Date: November 12, 1981
By: Ronald Reagan

America has much for which to be thankful. The unequaled freedom enjoyed by our citizens has provided a harvest of plenty to this nation throughout its history. In keeping with America's heritage, one day each year is set aside for giving thanks to god for all of His blessings. On this day of thanksgiving, it is appropriate that we recall the first thanksgiving, celebrated in the autumn of 1621. After surviving a bitter winter, the Pilgrims planted and harvested a bountiful crop. After the harvest they gathered their families together and joined in celebration and prayer with the Native Americans who had taught them so much. Clearly our forefathers were thankful not only for the material well being of their harvest but for this abundance of goodwill as well.

In this spirit, Thanksgiving has become a day when Americans extend a helping hand to the less fortunate. Long before there was a government welfare program, this spirit of voluntary giving was ingrained in the American character. Americans have always understood that, truly, one must give in order to receive. This should be a day of giving as well as a day of thanks. As we celebrate Thanksgiving in 1981, we should reflect on the full meaning of this day as we enjoy the fellowship that is so much a part of the holiday festivities. Searching our hearts, we should ask what we can do sass individuals to demonstrate our gratitude to God for all He has done. Such reflection can only add to the significance of this precious day of remembrance.

Let us recommit ourselves to that devotion to God and family that has played such an important role in making this a great Nation, and which will be needed as a source of strength if we are to remain a great people. Now, Therefore, I, Ronald Reagan, President of the United States of America, do hereby proclaim Thursday, November 26, 1981, as Thanksgiving Day. In witness where of, I have here unto set my hand this twelfth day of November, in the year of our Lord nineteen hundred and eighty-one, and of the Independence of the United States of America the two hundred and sixth.

The First Thanksgiving Day Proclamation

Date: June 20, 1676
By: Governing council of Charlestown, Massachusetts

The Holy God having by a long and Continual Series of his Afflictive dispensations in and by the present Warr with the Heathen Natives of this land, written and brought to pass bitter things against his own Covenant people in this wilderness, yet so that we evidently discern that in the midst of his judgements he hath remembered mercy, having remembered his Footstool in the day of his sore displeasure against us for our sins, with many singular Intimations of his Fatherly Compassion, and regard; reserving many of our Towns from Desolation Threatened, and attempted by the Enemy, and giving us especially of late with many of our Confederates many signal Advantages against them, without such Disadvantage to ourselves as formerly we have been sensible of, if it be the Lord's mercy that we are not consumed, It certainly bespeaks our positive Thankfulness, when our Enemies are in any measure disappointed or destroyed; and fearing the Lord should take notice under so many Intimations of his returning mercy, we should be found an Insensible people, as not standing before Him with Thanksgiving, as well as lading him with our Complaints in the time of pressing Afflictions:

The Council has thought meet to appoint and set apart the 29th day of this instant June, as a day of Solemn Thanksgiving and praise to God for such his Goodness and Favour, many Particulars of which mercy might be Instanced, but we doubt not those who are sensible of God's Afflictions, have been as diligent to espy him returning to us; and that the Lord may behold us as a People offering Praise and thereby glorifying Him; the Council doth commend it to the Respective Ministers, Elders and people of this Jurisdiction; Solemnly and seriously to keep the same Beseeching that being persuaded by the mercies of God we may all, even this whole people offer up our bodies and souls as a living and acceptable Service unto God by Jesus Christ.

American Seniors Blast AARP Sellout

ATLANTA— “It is outrageous that the American Association of Retired Persons (AARP) endorsed House of Representatives Speaker Nancy Pelosi’s $1.2 trillion, 10-year Obamacare bill, which passed Saturday night and drastically cuts Medicare for seniors and provides weak verification so illegal aliens can sponge off taxpayers,” says Stuart Barton, president of the American Seniors Association (ASA) representing hundreds of thousands of members nationwide.

“The left-wing AARP sold out to Pelosi and the White House so it can sell insurance and reap profits under Obamacare. Obamacare-- replete with its heavy hand of government control and heathcare rationing-- is not an option and must be defeated in the U.S. Senate. The AARP continues to lose thousands and thousands of members because of its sympathy toward Obamacare, higher taxes and big government-- and that is why ASA is getting even more torn-up AARP cards in our mail and why our alternative group’s membership is rapidly growing every day,” Barton notes.

The ASA has major concerns over the Pelosi bill: 1) any government-run plan would limit patient-doctor choice, 2) there would be an employer mandate that kills jobs and lowers wages, 3) taxpayers could be forced to underwrite abortions even if the procedure goes against their beliefs and 4) untold millions of illegal aliens could be given costly healthcare benefits at the expense of citizens and legal residents because there are weak 50-state verification stipulations. Furthermore, House Resolution 3962 is estimated to cost over $1.2 trillion, and especially attacks baby boomers and seniors by cutting $500 billion out of Medicare over the next 10 years.

The original article may be found on the ASA website.

Taxpayers - Not Insurance Company Lobbyists

The following is a portion of a Letter to the Editor submitted to the Bergen Record by a member on New Jersey Tea Party Coalition refuting published comments blasting Congressman Scott Garrett's position on HR 3962 and Comments insulting concerned citizens.

I take great exception to begin called aged unpaid lobbyists for the insurance companies. I am a working taxpaying American Citizen very much against HR 3962. I traveled to Washington, DC last week to protest HR 3962. I took a day off from work, I forfeited a days pay. And I will do it again if I feel I need to.

HR 3962 is not about health care it is an assault on our freedom of choice and our liberties. I thought Democrats and the left were big advocates of freedom of choice.

Page 94-Section 202(c) prohibits the sale of private individual health insurance policies, beginning in 2013, forcing individuals to purchase coverage through the federal government

Less than $500,000.00 in gross payroll is not a small business it is a micro business; more like a sole proprietor filing a schedule C. Any small business with one or two partners and several employees will easily exceed this limitation.

Page 297 - Section 501 imposes a 2.5 percent tax on all individuals who do not purchase "bureaucrat-approved" health insurance - the tax would apply on individuals with incomes under $250,000

What will be imposed on individuals earning over $250,000.00? And how long or when will they reduce this income level?

Page 313-Section 512 imposes an 8 percent "tax on jobs" for firms that cannot afford to purchase "bureaucrat-approved" health coverage; according to an analysis by Harvard Professor Kate Baicker, such a tax would place millions "at substantial risk of unemployment"-with minority workers losing their jobs at twice the rate of their white counterparts

We are back to the 8% tax. Employers are already taxed too high!

Page 336-Section 551 imposes additional job-killing taxes, in the form of a half-trillion dollar "surcharge," more than half of which will hit small businesses; according to a model developed by President Obama's senior economic advisor, such taxes could cost up to 5.5 million jobs

What are these additional taxes going to be? They are not yet telling us.

Page 520-Section 1161 cuts more than $150 billion from Medicare Advantage plans, potentially jeopardizing millions of seniors' existing coverage

We are supposed to take care of our seniors!

My company was facing an substantial increase in insurance premiums last year so we investigated our options as we do every year and we were successful in keeping our premiums constant, providing the same coverage and not increasing our employees out of pocket expenses. This bill will take those options those CHOICES out of our hands; we will be forced to participate in the 'bureaucrat-approved' plan and we will have no say in what the government charges us for this plan.

Well I like my choices and I do not like HR 3962. I will continue to fight and oppose this bill.

Submitted by PDR

Refuting An Attack On Rep. Scott Garrett

The following is a portion of a Letter to the Editor submitted to the Bergen Record by a member on New Jersey Tea Party Coalition refuting published comments blasting Congressman Scott Garrett's position on HR 3962.

Re: Letter of November 10th by Linda Cetta, Christian Science Committee "Scott Garrett Sends Screed"

Congressman Scott Garrett is my representative and I feel I must defend him against the misrepresentations presented in the letter by Ms.Cetta. Her letter is full of her own sentiments and are not reflective of what Rep. Garrett actually wrote to his constituents. In reality, he sent us exactly what was given to Members, staff and interested citizens to read regarding H.R. 3962

I am sitting with Congressman Garrett's letter in front of me--comparing what is in his letter and the one published in The Record by Linda Cetta.

Page 94 - Section 202 (c) prohibits the sale of private individual health insurance policies, beginning in 2013, forcing individuals to purchase coverage through the federal government. If Ms. Cetta does not believe Congressman Garrett, she can verify this information at numerous locations on the internet, like I did.

Ms. Cetta also states that on page 225, Scott Garrett asserted "members of Congress will be forced to purchase the public option." She then reiterated that, in reality, he did not say that but she thinks "they should be forced to go into the public option since the government-run health coverage that Garrett currently has is perhaps the best in the nation."

However, this is exactly what Congressman Scott Garrett stated regarding page 225:

"Section 330 permits, but does not require, members of Congress to enroll in government-run health plan, that according to non-partisan actuaries at the Lewin Group, would cause as many as 114 million Americans to lose their existing coverage."

I suggest that with the plethora of legitimate sites on the internet where you can verify information, it is wise to do so before stating inaccuracies that can be discredited by others.

With the political corruption that flourishes in NJ, we can consider ourselves fortunate to have Rep. Scott Garrett represent us.

Submitted by Peg

Healthcare Passes Through The House

Unfortunately, as you know by now, the House of Representatives passed Healthcare Reform. We are in the midst of a Culture War in this still magnificent country. As with all wars, we will not win every battle. Many of you fought hard and long in this effort. This was a particularly difficult loss with repercussions that have not yet been realized. No words I can write will soften the sting of Saturday’s outcome. Yet, we cannot let a defeat overshadow our triumphs.

With the aid of your resolve and vigilance, Bergen County and the State of NJ have elected candidates who have assured voters that they will move the County and State in a better direction. We do not know whether these candidates will fulfill those promises. If they do, they will have our support. If they do not, they do so at their political peril. We will be watching. This is a time for hope.

This is also a time to celebrate change in Trenton and in Bergen County ! (Can we still use the words “hope” & “change”?) It is time to “connect” and use our grassroots efforts to affect future council, school board and assembly elections as we strengthen our resolve for the Healthcare battle in the Senate and the 2010 election cycle, which as far as I am concerned, begins here and now!

Brian