Dem senator: Americans who don’t want KSM tried in civilian court can “go somewhere else”

posted at 5:58 pm on November 25, 2009 by Allahpundit

A new one from CNS featuring Kent Conrad, who’ll be spared a “worst person in the world” award on Olbermann’s show for this bit o’ demagoguery solely by virtue of his party affiliation. Consider this a sequel to Lindsey Graham’s grilling of Holder last week: In both cases, we’ve got a Democrat who’s (a) absolutely confident that civilian trials are the way to go and (b) plainly unprepared to address the rather significant constitutional implications of his preference. The search warrant question here is bait but the underlying point isn’t:

FrumForum interviewed former FBI and CIA agents to get their views on the Obama administration’s explanation on why a federal trial should be held…

Unless Holder and Obama have a crystal ball, they cannot predict how the judge will rule on evidentiary or constitutional issues. In fact, a former CIA official was sure that the defense attorneys will try to change the focus of the trial from KSM’s atrocities to his confession coerced by the harsh interrogation techniques. He and others interviewed used the phrase “the fruit of the poisonous tree,” referring to the doctrine whereby some evidence may be declared inadmissible. He further declared that “I am worried about a civilian judge because if that confession is thrown out the rest of the evidence will be as well. Will the judge allow this nonsense into the courtroom?”

Is it possible, as Holder has stated, that “classified evidence can be protected?” Unanimously, all felt that revealing classified evidence will put America’s national security at greater risk. A CIA operative was very emphatic that “we were able to track and eventually kill the bad guys through means that have not yet been revealed and we’d like to keep it that way. Additionally, we need to ensure that our joint operations with other services around the world isn’t made public.” Richard Marquise, an FBI agent who headed up the Pan Am Flight 103 investigation, said that during the Lockerbie trials, some of the documents turned over by the CIA were put into the defense’s hands and some evidence can get lost.” A former CIA official concurs and frustratingly told FrumForum that during the trial of one of the 9/11 terrorists, the CIA provided recanted documents to the defense. Unfortunately, the true identity of an operative was accidentally left in, showing that “there is always the possibility that classified information will be turned over.”

Remind me, who was that wingnut who opted not to “go somewhere else” three years ago but instead praised the idea of a military tribunal for KSM on the Senate floor? Oh, right.


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Comment pages: 1 2

All that is necessary for the triumph of evil is for good men to do nothing.
Edmund Burke

We are guilty of doing nothing for several years. Now is the time to stand and deliver. Voting Booth=Term Limits. Vote all of the arrogant mule rears out. Vote for Independent Conservatives. Lets take control of OUR United States again!!!!!!!!!!!!!1

old war horse on November 26, 2009 at 12:44 AM

If Senator Conrad doesn’t believe in our Constitution, maybe he should go somewhere else.

Susanboo on November 26, 2009 at 1:28 AM

Upnorthlurkin on November 25, 2009 at 6:48 PM

Get out the phone book and do an ACORN next election.

Annie on November 26, 2009 at 2:23 AM

I and my ancestors fought for this country since more than 200 years ago.

Senator Conrad, we won’t leave this country without a fight.

Are you suggesting a Civil War Senator? Or are you just a plain idiot?

TheAlamos on November 26, 2009 at 3:43 AM

Red Meat: In the Ft. Hood massacre’s aftermath, wacademic eyes are all moist on Thanksgiving at UTexas– for the terrorists!

Daily Texan: The evils of torture

…Torture is an absolute evil, an archaic practice that should have long been abandoned by the United States but instead has become institutionalized and justified at the expense of our country’s moral integrity… [blah, blah, blah]

/comments thread open

Terp Mole on November 26, 2009 at 7:27 AM

Shouldn’t the headline read “Dim Senator…?”

ncborn on November 26, 2009 at 7:35 AM

Yes TROLLs … dissent is unpatriotic…you hypocritical fuqs

CWforFreedom on November 25, 2009 at 6:18 PM

Not according to Dave Rywall’s girlfriend…ehh:

http://www.youtube.com/watch?v=NJxmpTMGhU0

dthorny on November 26, 2009 at 8:07 AM

Yes TROLLs … dissent is unpatriotic…you hypocritical fuqs

CWforFreedom on November 25, 2009 at 6:18 PM

Not according to Dave Rywall’s girlfriend…ehh:

http://www.youtube.com/watch?v=NJxmpTMGhU0

dthorny on November 26, 2009 at 8:07 AM

I apologize for the video, please feel free to gargle with bleach to remove the aftereffects.

dthorny on November 26, 2009 at 8:12 AM

On this day of thanksgiving i hate to say this but Revolution is coming.

thmcbb on November 26, 2009 at 8:48 AM

This smarmy de louche (copyrighted) typifies what we need less of in this branch of the gumit.
If Inhofe is successful in bringing the “climate change is now ‘global warming’ in disguise” scientismists to answer for the collusion they’ve engaged in (the Gorecle as a RICO defendant?) why can’t we begin to demand congressional inquiries on all these co-conspirators?

OkieDoc on November 26, 2009 at 9:21 AM

Hey Kenny, how ’bout your side and our side line up across from each other a field and decide this?

Gettysburg will work.

While you’re still trying to figure out which side of the gun to point where, we’ll have all of that kind of stuff figured out.

So there is an upside to clinging to our guns.

NoDonkey on November 26, 2009 at 10:27 AM

Where are me and 250 million of my fellow Americans supposed to go?

Maxpower on November 25, 2009 at 6:14 PM

To war against tyrrany.

huckelberry on November 26, 2009 at 10:41 AM

So… I’m a Holocaust Denier because I didn’t fall for the GoreBull-Warm-In scam like a lot of Blind Puppet Monkeys. I’m a Racist because I didn’t vote for the Black Guy in the last election. I’m Un-American because I, like the majority, doesn’t want my future Health Care decided by the Government. And now I’m asked to “Leave the Country“, by an American Senator, because I believe that the Soldiers of Allah caught on the Battle Field should be tried in a Military court instead of a Civilian Court.
Whatever True Americans decide to do with the Political Left in this country, it will be justified.

ronnyraygun on November 26, 2009 at 11:13 AM

Conrad is yet more proof, on top of mountains of proof, that the Congress is staffed with self-grandiose, offiiiiiiciaaaalllls, and should be completely purged. A perfect argument for term limits.

ultracon on November 26, 2009 at 1:28 PM

I’m sure Obama’s cronies have threatened the judge with wide ranging implications in private if he sets the terrorists free. (Chicago politics)

I’m also sure that if by some fluke the judge ignores the threats, it’ll be the best thing that could ever happen in terms of getting rid of Obama.

Imagine the blame that would be laid at his feet for freeing a terrorist onto Americas streets. The terrorist would be under 24 hour surveillance and unable to harm anyone and the Democrats would be pushed out of office in a landslide. This decision may just spare the Republic for a time.

scotash on November 27, 2009 at 12:50 AM

Conrad is yet more proof, on top of mountains of proof, that the Congress is staffed with self-grandiose, offiiiiiiciaaaalllls, and should be completely purged. A perfect argument for term limits.

ultracon on November 26, 2009 at 1:28 PM

- – - – - -

they will probably vote in term limits when they vote to dismantle their pention program and their health insurance and to reduce their salary. That the problem with these crooks! I agree with your thought but it will nevah happen as there is no accountability for these morans and no recourse other than wait 2-5 years for another vote.

By referendum we should enact public floggings, beatings, take away their assets and exile them out of this country.

bluegrass on November 27, 2009 at 9:39 AM

The “fruit of the poisonous tree doctrine” is a well-known legal hurdle that I’m guessing the government won’t clear. Essentially, it means that as soon as some illegal event takes place during an investigation – such as failure to Mirandize or obtain a search warrant – any evidence gleaned AFTER that illegal event cannot be used by the prosecution. They can try, of course, but a motion to suppress, based on the above cited doctrine, would undoubtedly be upheld. If most of the critical evidence is suppressed, what kind of case do they have then???

GoldenEagle4444 on November 25, 2009 at 7:01 PM

There is one way to get around the “Fruit of the Poisonous Tree” Doctrine, and that is the “Doctrine of Inevitable Discovery”. In other words, if the Prosecution can show that the ‘tainted’ evidence would’ve inevitably been discovered through other means other than the means which tainted the evidence in the first place, then the evidence does not get excluded because the ‘taint’ is removed by this Doctrine.

Just a thought…

Don’t know if this Doctrine is even applicable but I agree with your point, i.e., that the trial Judge is likely to exclude KSM’s confessions as tainted by waterboarding.

I suspect Holdren’s affirmative action Federal Prosecutors hand-picked for this trial, already realize that they can’t get around the tainted evidence and thus are fully expecting to see KSM (and others) immediately released after their first evidentiary hearing. Isn’t that their endgame of moving these trials to a criminal court in New York in the first place? I would argue it is.

Thereafter, come the lawsuits by KSM (and others) for their prolonged detention in Gitmo. Expect a jury stacked with Leftists to award these men millions in taxpayer dollars, if not billions. Who says terrorism doesn’t pay?

Mahdi on November 27, 2009 at 1:01 PM

Comment pages: 1 2