Green Room

Michael “Miss-the-Point” Medved Strikes Again

posted at 4:49 pm on November 13, 2009 by

In the first hour of his show today, Michael Medved was objecting to the staggeringly stupid decision by Attorney General Eric Holder to put Khalid Sheikh Mohammed, Ali Abd al-Aziz Ali, Walid bin Attash, Ramzi bin al-Shibh and Mustafa Ahmed al-Hawsawi, each accused of planning the September 11th attacks, on trial in a civilian court in New York City. (Of coruse, the policy could only have been announced had it been enthusiastically approved by President Barack H. Obama; so let’s not blame Holder… blame Holder’s boss.)

Well of course Medved opposes the scheme; he is (generally) a conservative, and what conservative could possibly support such an asinine policy?

But I was driven to distraction when Medved explained why he was against it. Because of the danger it would provoke another terrorist attack against New York? Because of likely attempts by terrorists to free the Gitmo Five? Because of the horrible risk that they might be acquitted, simply because we would be hamstrung by threats to national security?

Why no: Michael Medved’s main argument, which he repeated over and over, was that such a trial would cost too much money.

“This could cost as much as a hundred million dollars!” he hyperventilated — which, by the way, is less than one one-millionth of the cost of ObamaCare. Several callers took their cue from Medved, calling to complain about wasting all that taxpayer money.

Where to begin? Talk about missing the dead cow on the tennis court. The reason the Holder decision is utterly insane is not the money; and it’s not that it would give a “platform” for the terrorists to spout their anti-American propaganda, which Medved also mentioned en passante. I’m sure the courtroom will be closed; and even if there is a TV feed, it will be court controlled, which the judge can order shut down if the defendants begin ranting. (Not that a raging Khalid Sheikh Mohammed screaming “God damn America!” would be a good recruiting tool to convert Americans to jihadist Islam anyway.)

The real danger is twofold:

  1. It establishes a precedent that such terrorist attacks, launched from a foreign country by foreign nationals, with the aid and support of other foreign nations, are simply criminal acts that should be tried in civilian court, alongside carjacking and check kiting cases.

We must understand that such attacks are the future of warfare. We’re not going to be subject to a missile barrage directly from Iran; when Iran attacks us in future, it will be through the agency of another KSM and Ramzi Binalshibh.

  1. It carries the distinct risk that terrorist attorneys can “game the system” to get all five terrorist detainees acquitted… on grounds that demonstrate once again why we need to try these terrorists via military tribunals, not the civilian justice system (which was never set up to prosecute unlawful enemy combatants).

The defendants’ attorneys, probably supplied by CAIR or some other terrorist-linked organization, can use a peculiar tactic to practically force an acquittal: They can claim that they cannot possibly defend against the charges without knowing exactly how they were found, how they were captured, what intelligence led them there, who were the sources for that intel (so they can be subpoenaed into court), what methods were used to collect it, and so forth. Thus, they will demand all such documents — probably more than a million pages of heavily, heavily classified material — during discovery.

Obviously, we cannot possibly hand that over to the defendants’ attorneys. Even if the attorneys are Americans, how do we know we’re not putting such vital intelligence data into the hands of another Lynne Stewart? Even the incompetocracy of Obama will be bright enough to realize it cannot release such intel… which will give the attorneys the perfect opening to demand all charges be dismissed.

In addition, they’re sure to move to dismiss charges against KSM on the grounds that Mohammed was “tortured,” i.e., waterboarded. This will give the federal courts yet another crack at formally declaring waterboarding to be torture — which would make it much easier for Team Obama to prosecute our anti-terrorist interrogators… and once again blame George W. Bush for all the woes afflicting America.

At that point, all will be in the hands of a federal judge, then an appellate court panel, then the Supreme Court, where it will ultimately be decided by how Justice Anthony Kennedy feels that day. If he woke up grumpy, we could find all five of them (or perhaps just the most well-known terrorist, Khalid Sheikh Mohammed) acquitted, out on the streets, and quickly back in Iran or Pakistan or Indonesia, receiving a hero’s welcome — and returned once again to the terrorist fold.

(Medved did mention one other problem: That the civilian trial itself, no matter how carefully managed, would almost certainly compromise American intelligence gathering. But he presented it only as a quote from somebody else, at the very end of the hour.)

Honestly, the hundred-million dollar cost is the least of the perils to which such jackassery exposes us.

Queerly enough, the Justice Department also announced that other terrorists from the Guantanamo Bay Detention Facility will be tried — by military tribunals!

But the administration will prosecute another set of high-profile detainees now being held at the military prison at Guantánamo Bay, Cuba — Abd al-Rahim al-Nashiri, who is accused of planning the 2000 bombing of the Navy destroyer Cole in Yemen, and four other detainees — before a military commission.

Why the difference? Because Nashiri attacked a military target, the U.S.S. Cole? But the 9/11 plotters attacked the Pentagon — which is also a military target, I would reckon. Both KSM and and Nashiri were captured abroad, in Pakistan and the United Arab Emirates, respectively. Both are foreign nationals: KSM is a Kuwaiti, Nashiri is Saudi Arabian. Both planned their crimes abroad.

The only difference appears to be that Nashiri’s target was an American ship sitting at anchor in Yemen, while Mohammed’s targets were all in the United States; but this hardly seems such an important distinction that we couldn’t have tried Mohammed and his five pals in a military tribunal as well, where we could much more securely control the circulation of any discovery documents that could compromise American national security.

I just don’t understand what’s so hard to understand about the insanity of this grandstanding move — whose real purpose, I suspect, is to find yet another way to blame everything on Bush. But evidently, it’s too subtle a point for Michael Medved to grasp. Yes, I agree, we spend too much federal and state money; we should significantly reduce spending and dramatically drop the tax rates.

But for heaven’s sake, that’s not the big problem in this case.

Cross-posted on Big Lizards

Recently in the Green Room:

Blowback

Trackbacks/Pings

Trackback URL

Comments

and what about the huge distraction that this trial will create from what is going on in Congress…. Good Lord, the House passed “cap and tax” when Michael Jackson passed away. They could run a herd of elephants through the middle of Time Square without anyone even noticing while this circus is running!

2nd Ammendment Mother on November 13, 2009 at 4:58 PM

But… $100 million was a LOT of money when Obama said he was going to cut that much spending.

Daggett on November 13, 2009 at 5:38 PM

Medved should’ve stuck with movies.

Feedie on November 13, 2009 at 5:49 PM

Well done.

Don’t forget change of venue. How could the Sheikh possibly get a fair trial in NY? Or anywhere in the USA? No, we’ll probably wind up sending him to Iraq or Morocco to be tried by a jury of his Muslim fundamentalist peers under sharia law.

‘nother thought. Even if the trial stayed in NY, don’t forget that we’ll have to listen ad nauseam to how it just simply isn’t his fault. A $5million string of psychologists will all testify that he had a poor upbringing, abused, neglected. Poor, poor, pitiful Muhammed.

I wonder if SNL will take some shots? Or if CNN will fact check them?

Enough of my silliness. Pretrial will last until long after my passing; probably Muhammed’s too.

Robert17 on November 13, 2009 at 7:00 PM

Without some serious legal fudging that has the potential to blow back into our general criminal law system, these guys cannot be convicted and maybe not even tried under US law and relevant court decisions. This is the king of fiascos. In fact, the twisting necessary to fit these swine into our trial system may be the primary legacy of this decision. Do what is necessary to distort criminal law and procedure to jam them to conviction today, do it to you tomorrow. What’s more you get the applause of the people not understanding what has happened A ghastly decision. This kind of case is why we have military tribunals.

Mason on November 14, 2009 at 12:23 AM

Jeez. Medved is getting worse and worse each day.

Gob on November 14, 2009 at 4:32 PM

I would expect as much from Michael Needs-Meds-ved. The man must walk on his hands, considering how often he has both feet stuck in his mouth.

Dark-Star on November 16, 2009 at 9:13 AM


HotAir — Politics, Culture, Media, 2017, Breaking News from a conservative viewpoint

McConnell may not get his wish on health care vote

Taylor Millard Jun 25, 2017 7:31 PM
Top Pick

Senate leadership wants a vote this week, others say, “Negative, Ghost Rider.”

Top Pick

Helping others without the government.

“…the reality is the reality.”

These kiosks don’t make $15 per hour or need benefits

Going for the record

“We will answer them on the field”

Taking it to the limit

Sunday morning talking heads

Jazz Shaw Jun 25, 2017 8:01 AM

Health care and tweeting and Russia, oh my!

Will they stay or will they go?

I can’t imagine what I was thinking when I said that

Rocking the boat majorly

Big government never contracts. It only grows more powerful

It’s only a “ban” until it becomes inconvenient

The decline and fall of Obamacare and the AHCA

Jazz Shaw Jun 24, 2017 8:31 AM

This was all over before it began

Fixing crime in America is a complicated issue

Taylor Millard Jun 23, 2017 8:31 PM

Cops alone won’t solve it.

Victim’s father was President Maduro’s supervisor back when he was a bus driver.

Democrats forgot all about the “era of good feelings”

“Bernie and Jane Sanders have lawyered up.”

“the Judiciary Committee is examining the circumstances surrounding the removal of James Comey.”

Winning isn’t everything. It is the only thing

Trump signs VA reform bill into law

John Sexton Jun 23, 2017 2:41 PM

“What happened was a national disgrace, and yet some of the employees involved in these scandals remained on the payrolls.”

A new era of something.

“…died suddenly in less than a week just after his return to the U.S.”

The shortsightedness of “Denounce and Preserve”

Taylor Millard Jun 23, 2017 12:11 PM

Pragmatism for the sake of pragmatism doesn’t always work.

Perhaps if you threw in a new car?

Gay marriages still growing, but not as fast

Andrew Malcolm Jun 23, 2017 10:31 AM

More, but not as quickly.

Should’ve stuck with the pirate gig. It was working for him

The battle for the rubble of Raqqa is underway

Andrew Malcolm Jun 23, 2017 8:51 AM

Won’t be much left.

Your list of demands is a publicity stunt

“what happened that day was emblematic of a deeply troubling trend among progressives…”

“The jobs are still leaving. Nothing has stopped.”

Bad vendor. Bad! No cookie!

“The Corps is just starting to grapple with the issues the court has identified.”

“So you want me to sing my praises, is that what you’re saying?”

Why would we possibly want that?

“I mean he sold our country to The Russians.”

I could think of someone else you might want to ask about…