Show Trial
No real point in having a trial if he’s going to be detained even if acquitted.
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November 19th, 2009 at 10:03 am
I’m actually going to argue this may not be a big deal. If someone is acquitted by reason of insanity they still have to be evaluated and very probably committed. Here, it’s relevant that the burden of proof for a criminal conviction is beyond a reasonable doubt but is obviously less for threat-to-the-nation detention. I think the idea of providing a civilian trial is abominably stupid and probably unconstitutional, but this doesn’t mean that it’s going to be a show trial with pre-ordained results.
Likewise, this “when KSM is convicted” talk doesn’t mean there’s going to be a show trial. Obama is the chief executive; if he and his agent Holder are deciding to prosecute then they have a duty to believe that the person is guilty or else not pursue the charges. I’d be more concerned if the talk were, in fact, “if KSM is convicted.” This is how a prosecutor should talk.