Law Enforcement

Pretty Long Reach

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I hail from Columbus, Ohio. It is more than 1,000 miles (1,600 kilometers) from the US-Mexico border.

Things are pretty hairy down ol’ Mexico way. The government declared war on the drug cartels three years ago. So far there isn’t much progress, even though any gains by law enforcement usually sets off a turf war between the gangs as they try to seize lucrative smuggling routes from suddenly weakened rivals. If the big boys ever get organized instead of simply looking to grab what they can, then I really don’t think the Mexican government has a prayer of winning. Or even surviving.

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Do Not Talk To The Police, Celebrity Edition

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Way back in May of 2008 I linked a very interesting video that was done by an attorney, at this post. Unfortunately the link is now dead.

In essence, the attorney was pleading with people to protect their fifth amendment rights by NOT speaking with the police after an incident unless you have your attorney present, ever. In the video there was a police officer who also said that you should never speak with the cops without an attorney present even if you are IN THE RIGHT.

The attorney said that even if you are in the right, things you tell the police can get twisted and turned around (intentionally, or not), and could incriminate you.

I was thinking of this as the Tiger Woods situation unfolded. I will never know what really happened outside of Mr. Woods’s house in those early morning hours last week. But as I was reading coverage on it I kept seeing that the police kept wanting to come to his house to ask him questions and they were denied. Florida law only states that in this type of investigation that Woods give his license, registration and proof in insurance and apparently that is all that he gave. Finally, Mr. Woods hired an attorney.

It is possible that Mr. Woods hired an attorney right after the incident and got good advice not to speak to the cops, but this episode is a great example of someone who clearly knew his rights and decided to exercise them. Any interview with the police would have hurt Mr. Woods, even though he might have done nothing wrong and just merely had an accident.

Update: Commenter Andrew has a link to the video here.

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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Coincidence?

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It is pretty well established that Maj. Hasan, the person captured while engaging in a murderous shooting spree at Ft. Hood, was well known to coworkers and the FBI as a potential terrorist. He was trying to contact al-Qaeda and members of other terrorist groups, but nothing was done about this. It would be accurate to say that a fair amount of pressure is going to come to bear on the authorities for their inaction.

Federal prosecutors moved to close down four mosques and a Fifth Avenue skyscraper that is allegedly a front for Iranian organizations that funnel funds to terrorist groups. Big money is involved, and there should be headlines for weeks.

When it comes to operations of this scale, it obviously takes a great deal of time to investigate and collect enough evidence to prosecute. It isn’t like some cop on the beat who stumbles across a jimmied lock and catches a thief red-handed. But I do wonder if things weren’t speeded up a bit in order to provide some good press for the Feds in the midst of their performance with Maj. Hasan.