Editore"s Note
Tilting at Windmills

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November 19, 2009

CONSISTENCY ISN'T THEIR STRONG POINT, CONT'D.... We talked yesterday about how Republicans haven't exactly been consistent when it comes to their deeply held beliefs on the perils of judicial filibusters. But their consistency on trials for terrorists is arguably more humiliating.

In 2002, the Bush Justice Department put Zacarias Moussaoui, an al Qaeda terrorist often referred to as the "20th 9/11 hijacker," on trial in a federal court near D.C. No one, at the time, said then-President Bush was putting American lives at risk or undermining U.S. national security interests with the trial. Despite the conservative apoplexy of the last week, the Moussaoui trial was simply considered appropriate and routine.

Greg Sargent reported today on a quote from George W. Bush in 2006, in which the then-president proclaimed that terrorists should be "tried in courts here in the United States."

At the time, Bush was waiting for the Supreme Court to rule on the military commissions he had established to try alleged members of Al Qaeda. At the presser, he said the administration was waiting for the high court to determine the "proper venue" for trying suspected terrorists, and seemed to say U.S. courts were a valid venue if it came to it.

At a minimum, Bush clearly saw no problem with bringing suspected terrorists to the U.S. for trial -- something that the Obama administration is now doing, drawing widespread criticism on the right.

I haven't found any evidence of any conservatives criticizing Bush's position or his decision to try Moussaoui in a criminal court on American soil.

Likewise, let's not forget that Rudy Giuliani, one of the leading Republican attack dogs on President Obama, said he considered the Moussaoui trial a testament to the strength of our legal system and the American dedication to the "rule of law." Giuliani called the verdict "a symbol of American justice," and said the trial itself might improve America's standing internationally. After Moussaoui was convicted by a civilian jury, the former mayor boasted, "America won tonight."

Similarly, Sen. Jeff Sessions (R-Ala.), the ranking Republican on the Senate Judiciary Committee, called a Khalid Sheikh Mohammed trial "indefensible," arguing that it would help terrorists. But when Bush brought Moussaoui to a criminal courtroom for a trial near the Pentagon, Sessions was satisfied with the administration's decision.

Is a little intellectual consistency too much to ask for? Don't answer that; it's a rhetorical question.

Steve Benen 4:10 PM Permalink | Trackbacks | Comments (14)
 
Comments

Actually, the neighbors of the federal courthouse in Alexandria, VA were a wee bit upset. But they were the only ones, and it worked out without a hitch.

I wonder if there are any quotes from Republicans about the people who live near the federal courthouse. I'll have to start looking.

Posted by: Datanerd on November 19, 2009 at 4:23 PM | PERMALINK

"I haven't found any evidence of any conservatives criticizing Bush[STRIKE]'s position or his decision to try Moussaoui in a criminal court on American soil[/STRIKE]." - SB

Fixed.

Posted by: Marko on November 19, 2009 at 4:28 PM | PERMALINK

It seems with every passing day and every passing action put forth by our legislature or the current administration the far right and its captive the Republican party are acting like that high school punk or provocatuer who is unrelenting with his harassment until enough have had enough and the punk is marched to the bathroom and given a swirly!

Billy Kristol, Rudy cross-dressing Guiliani, Lindsay log cabin Graham and all the other doom-sayers of today need to be given swirlies, or merely ostrasized from any future national dialog! -Kevo

Posted by: kevo on November 19, 2009 at 4:28 PM | PERMALINK

and as we all know, repigs only speak the truth, the world came to an end when Zacarias Moussaoui was put on trial, and we can expect intellectual honesty and consistency from the Giuliani and Sessions. Right! (ROTFFLMAO!)

Posted by: In what respect, Charlie? on November 19, 2009 at 4:29 PM | PERMALINK

Is a little intellectual consistency too much to ask for?

The Republicans are guilty as charged. No surprise there, their hypocrisy knows no bounds.
Unfortunately, the same could be said of the Obama admin. Why are jury trials OK for some terrorists but not all? Why must some be given military tribunals and others just held indefinitely? If you have an answer, please give it to me and Glenn Greenwald.

Posted by: ckelly on November 19, 2009 at 4:34 PM | PERMALINK

It's equally important to note that no deocrats voiced their opposition ether, confirming that Republicans are alone in using nationl security to gain partisan advantage.

Of course, it would help if our "liberal" MSM would compare current statements of GOP politicians with views they've espoused in the past.

Yeah...right.

Posted by: Stetson Kennedy on November 19, 2009 at 4:40 PM | PERMALINK

Stetson - exactly! how hard is it to say or write "but that's not what Giuliani was saying three years ago in virtually the same circumtances."

That's not opinion. those are facts.

Posted by: Rathskeller on November 19, 2009 at 5:04 PM | PERMALINK

For the past 8 years, people who had substantive disagreements with the actions of the Bush Administration (the Iraq war, civil liberties, the "Clear Skies" initiative, what have you) were accused of suffering from "Bush Derangement Syndrome", which was (at least in the vast majority of cases) both unjustified and insulting.

Helpfully, the right is now demonstrating what a real "derangement syndrome" looks like. Things that were neutral or even praiseworthy when a Republican President did them are now "aid and comfort to the terrorists" when done by a Democrat.

(And did I mention that he's Black?)

Posted by: noncarborundum on November 19, 2009 at 5:10 PM | PERMALINK

My understanding of criminal law is that jurisdiction in criminal conspiracy cases is most appropriately where the actual act of committing the crime that was the object of the conspiracy took place - i.e., the conspiracy is, for intents and purposes of jurisdiction, a seamless element of the crime that isn't necessarily separate from the crime itself.

As such, it was appropriate for the Bush Administration to try Moussaoui in Virginia, because that's where the attack on the Pentagon took place and he was part of the conspiracy.

As such, it is entirely appropriate for KSM and his buds to be tried in NYC where the WTC attacks took place.

It just illustrates the inconsistancy and hypocrisy of the Republicans to argue that Obama is wrong for handling KSM in exactly the same manner that Bush handled Moussaoui - they were both part of the exact same conspiracy and as such should be treated the same by the law. The fact that they didn't trot out all these arguments and indignation while Bush was President speaks volumes.

Posted by: andy on November 19, 2009 at 5:13 PM | PERMALINK

The Republicans are guilty as charged. No surprise there, their hypocrisy knows no bounds.
Unfortunately, the same could be said of the Obama admin. Why are jury trials OK for some terrorists but not all?

Continuing on my remarks in my earlier post - the 9/11 conspirators are being tried specifically for the 9/11 conspiracy in a criminal trial in federal court - the fact that we had to go pick them up on a battlefield is immaterial to what they are being charged with.

The other "terrorists", though, who have nothing to do with a criminal act that took place here in America, cannot be prosecuted under American criminal law - that law doesn't extend to "criminal" acts that took place abroad (unless, as I discussed in my post above, that they participated in a criminal conspiracy to commit a crime in the US in which case the conspiracy is considered part of the crime).

Since the only reason we have them is because the military got them "on the battlefield" while they were allegedly engaged in military activity of some sort, military law and military tribunals are more appropriate. What would US civilian courts have jurisdication over when it comes to foreigners who have not broken any US criminal laws?

Posted by: andy on November 19, 2009 at 5:23 PM | PERMALINK

"Is a little intellectual consistency too much to ask for?"

From people who aren't ignorant motherfuckers, no.


Posted by: hells littlest angel on November 19, 2009 at 5:33 PM | PERMALINK

The Republicans in power are NEVER going to be consistent on anything. If it was okay for a Republican President it will NEVER be the same for a Democratic President. They are the classic flip floppers.

Posted by: mishanti on November 19, 2009 at 6:53 PM | PERMALINK

Giuliani and every other Bush-loving conservative now screaming about the unbelievable danger Holder's decision will subject us to, really are concerned only about one thing: the trials may well produce the first public record of the Bush Administration's many criminal violations in its treatment of KSM and other Gitmo prisoners. That's what worries the Bush crowd and all its current and former acolytes.

Posted by: Bob C on November 19, 2009 at 7:08 PM | PERMALINK

Intellectual and Republicans are mutually contradictary terms. And yea, it would be nice if the MSM actually looked at what they said and what they are saying.

Posted by: Darsan 54 on November 19, 2009 at 11:25 PM | PERMALINK
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