Civil Liberties

The Entire Jury Will Have to Be in Witness Protection

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On the subject of the civil trial of KSM, Trochilus raises a point I hadn’t considered:

Given the nature and depth of Islamo-facist enmity toward all Western institutions, including all faiths other than their own, toward all our democratic institutions, including our judicial system, and finally toward most Americans; and given their willingness to act on that hatred — who in their right mind would willingly consent to serve on such a jury?

This will be a trial watched by the entire planet. Millions of Islamist fanatics will be watching. There is a good chance that several thousands of those fanatics might decide to exact revenge on anyone involved.

Anyone who sits on that jury will have to spend the rest of their lives looking over their shoulder worrying that they will be the target of a revenge killing. They will become participants in a war with no boundaries and no end.

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How Obama is Bringing Martial Law to America

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In my previous post, I listed some (but far from all) of the practical problems presented by trying in a civil criminal court an individual (1) who was captured overseas, (2) had evidence against him collected using covert means, with (3) no chain of evidence or custody, and (4) was harshly and physically interrogated with (5) all witnesses and methods being secret.

The greatest danger posed in the trial of Khalid Sheikh Mohammed (KSM) isn’t that he will go free. The greatest danger is that he will be convicted and that during his appeals the courts will ratify all of the extraordinary measures used to capture and convict him. The great danger is that the courts will ratify the rough, inaccurate and ambiguous norms of martial law as applying to all civil criminal trials.

After a couple of decades of these court decisions reverberating throughout the legal system, we could end up living under de facto martial law.

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The Worst Kind of Trial

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“Men, we’ve got to give this man a fair trial before we hang him.” — attributed to Judge Roy Bean.

Finding an impartial jury for Khalid Sheikh Mohammed (KSM) is the least of our worries in President Obama’s decision to try him in a civil court. Our greatest concern is that it will be a shambles of a show trail that ignores all established legal precedent. The ramifications of that could be worse than terrorism itself.

What Obama the law professor fails to grasp is that none of the prerequisites exist for a fair civil trial in the case of terrorist captured overseas by intelligence agents.

For example, just for starters, what objective proof do we have that the individual who will show up in the courtroom is actually the Khalid Sheikh Mohammed who planned 9/11? What do we do if he simply asserts he is not the person the government claims he is?

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Dissing Free Speech

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Here’s Obama’s “media diversity czar,” Mark Lloyd:

It should be clear by now that my focus here is not freedom of speech or the press. This freedom is all too often an exaggeration. At the very least, blind references to freedom of speech or the press serve as a distraction from the critical examination of other communications policies.

[T]he purpose of free speech is warped to protect global corporations and block rules that would promote democratic governance.

(from his 2006 book)

Mr Lloyd has had some very positive things to say about Venezuelan thug Hugo Chavez and his approach to the media:

In Venezuela, with Chavez, is really an incredible revolution – a democratic revolution. To begin to put in place things that are going to have an impact on the people of Venezuela.

The property owners and the folks who then controlled the media in Venezuela rebelled – worked, frankly, with folks here in the U.S. government – worked to oust him. But he came back with another revolution, and then Chavez began to take very seriously the media in his country.

More here about what this “taking very seriously” is doing to destroy media independence in Venezuela.

(link via Ms Ellison)

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Gulliver, Meet the Lilliputians

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California state officials have been busy writing regulations:

The California Air Resources Board (CARB) just passed a new regulation that requires glazed glass in automobiles that is supposed to reduce the need to use air conditioning. The catch is that the same properties that block electromagnetic sunlight radiation also blocks lower frequency electromagnetic radio waves. That means radios, satellite radios, GPS, garage door openers, and cell phones will be severely degraded. Even more surprising is that it requires this glass even for jeeps that have soft covers, plastic windows, and no air conditioning. Furthermore, the rules are so stringent that they effectively make sunroofs black, even though many consumers use the covers.

Also, the California State Energy Commission is promulgating stringent energy-consumption requirements for flat-screen TVs. At a minimum, these will surely increase prices to consumers (if manufacturers could increase energy efficiency without raising prices, they would have already done it, since efficiency is a selling point) and may effectively ban some size-technology combinations. This is being done on the theory that it will reduce overall electricity consumption and help avoid the need to build new power plants.

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