The Worst Kind of Trial

“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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How Are Convicted Felons Like the Japanese?

Citizens of Japan, with very few exceptions, are barred from even touching a single round of ammunition. Defy the law and they could end up in jail for five years.

Convicted felons in the United States, or people who received a Dishonorable Discharge from the armed forces, are pretty much operating under the same restrictions. This section of Federal law has been the subject of much debate amongst those interested in armed self defense. I’ve decided to post about it because John of The Zeray Gazette fame is asking his readers if they agree with the practice.

Just keep in mind that this is my opinion only, and I am certainly not a lawyer or government official by any stretch of the imagination. I’m sure that there will be plenty of stuff in the rambling post below to piss just about everyone off. But this is how see it.

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Great News

I listen to Bloomberg radio on XM most days when I am riding to work. They give a quick snapshot of the major markets and typically have interesting discussions that are not the usual shouting matches that you will find on the major networks.

Today in their news segment they reported some news that I had hoped I would see one day. I let out a cheer – what a great way to start out my week.

I understand that this will be a long fight, but at least it is a start.

Acorn Lawsuit Thread

Acorn has filed suit against the young filmmakers, who took video of Acorn employees helping them with plans on setting up whorehouses for minors. They have also sued Breitbart for distributing the video.

There is a very intersting comment thread at Volokh for those interested in the legal aspects of this case.

I am just praying that this goes to discovery.

Our Continuing Sad Problem With Hate Crimes

Via Instapundit comes a story of a hate crime against a black family in Austin, Tx:

The brick, thrown through a 4-year-old boy’s bedroom window, read “Keep Westside White. Keep Westside Strong.”
 
The homeowner, Barbara Frische, who is black, said she has lived in the home for 10 years.
 
“It’s the first time anything like this has ever happened to me,” she said.
 
Police have not classified this incident as a hate crime, said Austin Police Sgt. Richard Stresing, because hate crimes target an individual specifically because of an identifying characteristic, like race. Police say the incident has been classified as criminal mischief and deadly conduct.

Honestly, every time I think we’ve made progress in Texas on race relations, something like this comes along to prove me wrong. How can the police not see this as a hate crime? You have a message advocating racial segregation tossed through the window of a black family who had the temerity to move into a historically all-white area of the city.

This is why African Americans have such a hard time believing that hate-crime laws will be fairly enforced and aren’t just some kind of legal fiction intended to single them out for punishment and to stigmatize them as a group. This is especially true when you consider that many people in the law and academia hold to the belief that racism and therefore hate crimes are attributes solely of African American culture. When you have such an intellectual framework, how can African Americans trust that hate-crime laws will be enforced fairly?

Clearly, America still has a lot of work to do.

[Update: It’s pointed out to me that I may have made a typo or two when I copied the quote from the original article. I’ll fix it later but in the meantime make sure to read the original before commenting.]