When the Sheikh walks
By The Washington Times
President Obama stated last week that Khalid Sheikh Mohammed will face "the most exacting demands of justice" during his trial on federal terrorism charges. But justice is a two-way street.
The trial can only be considered fair if there is a presumption of innocence and the possibility of acquittal. The defense team will use every avenue available to see to it that the Sheikh walks. In the American legal system, the exacting demands of justice apply most importantly to the government. This was why the previous administration established a rule set appropriate to a global war against violent non-state actors who operated in legal gray areas.
The Obama team has denounced the George W. Bush administration's approach, but previous actions cannot be wiped away, and under current policies, the Sheikh has been granted a bevy of rights that the defense will claim have already been violated. The defense can argue that the entire process leading up to the trial has been illegal and everything derived from it is the "fruit of the poisonous tree."
The Sheikh was picked up in March 2003 in Rawalpindi, Pakistan, by a combined team of Pakistan Military Intelligence and CIA operatives. The legality of his transfer to U.S. custody is murky. He reportedly was not read Miranda rights at that time and was refused a lawyer when he asked for one.
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