America Somehow Manages To Convict Another Terrorist In Civilian Court

If you listen to the Beltway babble, even the “moderates” are starting to sound a lot like Dick Cheney. Apparently, their faith in our 250-year old Rule of Law is so fragile and skin-deep that the thought of using our existing legal framework to convict someone such as the “X-Mas Underwear Bomber” portends unfathomable danger for every red-blooded American. Furthermore, their interpretation of the Rights extended by the Constitution are either ridiculously misinformed, or intellectually dishonest.

Last week, it took a Kansas jury less than an hour to convict Scott Roeder, the man who walked into a Lutheran church and shot abortion doctor George Tiller in the head. Roeder’s defense put forth an argument that the charge be reduced to “voluntary manslaughter,” which Kansas law defines as “an unreasonable but honest belief that circumstances existed that justified deadly force” and carries a slim four-to-six-year sentence. The defense was hoping to make the case that Roeder honestly believed Tiller posed an imminent threat to “unborn children” and that using deadly force against him was justified. On the stand, Roeder admitted to shooting the doctor and expressed no regret. The judge denied this argument. The jury convicted Roeder of first-degree murder.

This is in Wichita, Kansas – a hotbed of Conservative activism. I doubt you could find a jury pool in Kansas without a handful of devout anti-Choice members. And it took them less than an hour.

“Whoa, whoa, whoa. This guy is a white American murderer,” you may say. “That’s a big difference from being a brown Muslim murderer. (or attempted murderer)” Of course it is. We all know the broad pro-Muslim and pro-Brown tendencies of the American populace.

As the DOJ re-weighs its decision to try the Burned Crotch Bomber and 9/11 murderers in civilian Courts, I’m trying wrap my head around the associated fear-mongering being perpetrated by the Right (and a solid amount of Democrats).

No one less than Conservative Hero Ronald Reagan addressed the issue of trying terrorists in US Courts during his presidency.

The official policy of the Reagan Administration when it came to treating Terrorists, as articulated by the top Reagan State Department official in charge of Terrorism policies, L. Paul Bremer, in a speech he entitled “Counter-Terrorism:  Strategies and Tactics:”

Another important measure we have developed in our overall strategy is applying the rule of law to terrorists. Terrorists are criminals. They commit criminal actions like murder, kidnapping, and arson, and countries have laws to punish criminals. So a major element of our strategy has been to delegitimize terrorists, to get society to see them for what they are — criminals — and to use democracy’s most potent tool, the rule of law against them.

It was also Ronald Reagan who signed the Convention Against Torture in 1988 — after many years of countless, horrific Terrorist attacks — which not only declared that there are “no exceptional circumstances whatsoever” justifying torture, but also required all signatory countries to “ensure that all acts of torture are offences under its criminal law” and — and Reagan put it — “either to prosecute torturers who are found in its territory or to extradite them to other countries for prosecution.”  And, of course, even George W. Bush — at the height of 9/11-induced Terrorism hysteria — charged attempted shoe bomber Richard Reid with actual crimes and processed him through our civilian courts.

While certain imperfections and inequities exist in our legal system, you have to wonder about the endgame for the supporters of indefinite, perpetual detention of uncharged prisoners.

Ramzi Yousef. Richard Reid. Jose Padilla. Khan Mohammed. Ali Saleh Kahlah al-Marri…The list goes on. All terrorists convicted in US Courts. While Holder weighs his options, his critics are ready to pounce.

“The only time [the Obama] administration ever cites the previous administration for a precedent is to mention that there were some terrorists tried in U.S. courts,” Sen. Mitch McConnell, R-Kentucky, said Sunday on State of the Union.

“We now know that was a mistake,” declared McConnell. “That was a mistake by the previous administration. The other mistake they made that shouldn’t be replicated by this administration is letting too many people go from Guantanamo.”

So according to McConnell, not only Reagan, but Bush and Cheney are radical leftists. Is this just political posturing, or is the fear genuine?

“This is really dangerous nonsense,” McConnell said of the Obama administration’s policies regarding treatment of alleged terrorists. “We have a way to do it, John,” McConnell told CNN’s John King. “Interrogate them. Detain them and try them in military commissions offshore at Guantanamo from which no one has ever escaped.”

Asked whether he was ready to deny the White House the funding necessary to close the Guantanamo Bay facility and move detainees held there to a location somewhere in the United States, McConnell responded, “Absolutely.” He predicted that there would be bipartisan support in Congress for withholding the funding.

Ahh. The fear of the escaped terrorist single-handedly wreaking havoc on America. Looks like someone has been watching his 24 DVDs.

These fucking Hawks have big enough balls to send other Americans’ children off the fight their bullshit wars, but they’re scared of bringing heavily-guarded and shackled terrorists to an American city where they’re despised? Some critics say trying them in NYC would be a “circus.” Fine. I have an idea. United States District Court for the District of Kansas. Topeka or Wichita.

So far, Obama + Holder’s DOJ have sent mixed signals. It’s about time they step up and stand tall for the Bill of Rights and the American Rule of Law.

2009 – The People We Like

"Oh, Beeyill..."

I like you. Do you like me? Here are Gratuitous World’s favorite people of 2009.  

10. Anna Paquin: Until my Old Lady sat me down to watch HBO’s True Blood, I scoffed at the recent interest in Vampire-related media. After all, I thought we went through that phase in the 90s. Not to mention the 1890s. Paquin’s character is a refreshing female lead, not afraid to stand up for her convictions, or take her top off. Titties!  

9. Dr. Atul Gawande: Gawande’s New Yorker article, The Cost Conundrum, was the best piece I read on America’s broken health care system. While avoiding much of the finger-pointing that makes up the current “debate,” Dr. Gawande’s article addresses many fundamental behaviors in need of correction, including those of doctors, patients, hospitals and insurance companies. While offering no “magic bullets,” he does offer concrete examples of systems such as the Mayo Clinic and Grand Junction, Colorado, where good care and coverage are provided, while costs remain low. Great article.  

a lot going on here?

8. Phish: I was skeptical when one of my favorite bands announced their return after a 5-year absence. Anyone who saw their disastrous final ’04 effort at Coventry knows what I’m talking about. However, a little time off and some sobriety have done the men well. They’re having fun on stage and the audience is returning the favor. Following the band’s tours provided me with much enjoyment over the year. And yes, I did rank the “jam band” Phish between a widely renowned doctor and a Supreme Court Justice.  Please feel free to bring the ridicule.

7. Justice Sonja Sotomayor:  In 2009, I discovered “empathy” was a naughty, naughty word.  And of course we found out “judicial activism” now means any decision in disagreement with Conservative dogma.  We also discovered your sex and ethnic background are really important, unless of course you’re an old white man.  On a related note, if you graduate at the top of your class at 2 Ivy League Institutions, and you’re not a white male, it’s obviously the result of affirmative action.  

While Sotomayor has yet to surprise with her votes on the bench or author any transcendent opinions, she’s on this list for handling her confirmation with class. She had more federal judicial experience than any nominee for the Court in the last 100 years. She was more than qualified, yet had to let bigots like Sen. Jeff Sessions drag her through the mud for weeks.  While I understand the nature of confirmation hearings, I don’t think I’ve seen so many (untrue + unneccessary) personal attacks levied at a SC candidate in my lifetime. That includes you, Justice Thomas.  

Sotomayor handled the entire circus with grace and class – especially for a hot-blooded Latina!  

6. David Rohde: Unless Dick Cheney wants to talk out of his ass about something, America’s mainstream media hasn’t paid much attention to our actual conflicts in Iraq and Afghanistan for about 6 years. That’s one reason Rhode’s 5-part NYT series “Held By The Taliban” is so powerful. Rohde spent almost a year in captivity, and this series provides amazing (and much-needed) insight into our enemies, their culture, and the daunting challenges presented to our troops and the region’s civilians. Please read it.  

5. Dr. George Tiller (deceased): “In 1993, George Tiller was shot in both arms. He did not let this stop him from returning to work and helping women caught in the most difficult of circumstances. He continued in his work despite daily harassment. He continued in his work despite being labeled a “baby killer” no less than 28 times by Bill O’Reilly. He continued despite lies told about him by O’Reilly and others. He continued until an anti-abortion activist entered the church where he was attending worship, and shot George Tiller through the eye at close range.”  

4. David Eggers: Screenplays for Where the Wild Things Are and Away We Go are both laudable, but his book Zeitoun was the true highlight of Eggers’ prolific year.  

3. Stephen T. Colbert:  Stephen did nothing specific, except maintain the most intelligent, creative, and humorous show on television. Suck it, Charlie Rose.  

2. The Ricketts’ Family + Rocky Wirtz: While the Ricketts family has yet to do much, listening to the new Chicago Cubs’ owners talk about their vision for the franchise makes me smile. For decades, the Tribune and Wrigley corporations ran this franchise into the ground. They continue to be a laughingstock, but I sense a bright future ahead – right after they unload Soriano’s contract in 4 years.  

While it’s never easy to lose a father, it was readily apparent what Rocky Wirtz needed to do in order to bring fans back to the Chicago Blackhawks. He first needed his father (“Dollar” Bill) to die so he could take over the team. He then needed to put the games back on tv. Genious! Finally, add the best young team in the NHL and hockey is back in Chicago for the first time since Larmer, Chelios, and Roenick made it happen in the early 90s. Fantastic!

1. The Iranian Opposition: Every year in countries we don’t care about, courageous people put their lives on the line to protest injustice and attempt to effect needed change. Obviously, in places like Myanmar and Sudan, struggles against oppressive regimes are ongoing. Kudos to those who keep fighting.   

   

While we clearly pay a lot of attention to Iran for different reasons, the continued opposition to the election fraud, violence, and overall oppression is truly amazing. While these disillusioned masses don’t represent the entire country, the images have been poignant and their ongoing fight against a misguided and corrupt regime is truly inspirational. 

Hopefully, this is one occasion where America can sit back and watch this unfold organically.  So to those with a warped interpretation of “American exceptionalism” and a selective memory of history(1953) – people like Mike Pence and Joe Lieberman – please shut the fuck up on the matter. Good luck in 2010.  

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Thanks to Paul for his assistance.  This decade should be better. Let’s rock out 2009.