Confederacy of Dunces
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Saturday
05Dec2009

Ken Blackwell Claims The 9/11 Civilian Trial Is One of The Worst Decisions Ever, Including Dred Scott

Seriously, "conservative" hyperbole knows no bounds of decency, and I don't think it makes a difference that Ken Blackwell is African-American.  (That does not give him a free pass for being ignorant.)  Check out Blackwell's criticism of the 9/11 trials being held in civilian courts:

Eric Holder’s decision to try the terrorists in Manhattan may not be simply the worst decision of this administration, it bids fair to stand with Dred Scott and Roe v. Wade as being among the three worst decisions in American history.

So, a decision that said African-Americans are not persons for the purpose of the Constitution, and were never considered when the Constitution was written so therefore they have no rights under the Constitution (whether free or slave) is just as bad as a civilian trial of terrorists in New York.  (And, we have tried other terrorists in federal courts, as well as Timothy McVeigh, a domestic terrorist.)  So, a decision that shows the power and greatness of our Constitutional rights and freedoms (which we claim to be a beacon for the rest of the world) is just as bad as Constitutionalizing African-Americans as second-class citizens and being less than a person.  Gee, what a twisted sense of justice Blackwell has.

So, why does Blackwell consider this one of the three worst decisions in American jurisprudence (to hell with Plessy)?  He doesn't really say, but I guess this is his answer:

No turbaned genie ever appeared out of Aladdin’s lamp to grant three greater wishes than these. KSM to Genie: One, I want to exploit my status as mass murderer; Two, I want to inflict even greater pain and suffering on the families of those thousands whom I’ve murdered; Three, I want to make my trial a magnet for my brother jihadists throughout the world.

Why couldn't the 9/11 conspirators do the same at a military trial?  It is not like the civilian trial will be broadcasted throughout the country.  Well, KSM agreed to plead guilty and face the death penalty at a military trial.  Again, how does a military trial not give KSM the same opportunity for exploitation.  In fact, the military trial would make him more of a martyr.

These "conservatives" are not afraid the 9/11 conspirators will be found not guilty.  They are afraid some of the great evils and illegal activities of the Bush Administration will get out.  Too bad, Bush and Co. should not have broken the law.  The "War on Terror" is a propaganda war as much as a military conflict.  Why not prove the power, strength and justness of our ideals by using them?

Personally, I am not afraid of the 9/11 conspirators being found innocent - unless, of course, they are innocent.  I have faith in our Constitutional freedoms and rights.  I have faith in the rule of law.  Why don't "conservatives"?

Oh, one last comment.  Blackwell's idea to prevent the civilian trials is to have Congress defund the trial.  If Congress did such a thing I am sure it would give the conspirators the opportunity to claim they were denied a fair trial.  The idea is ridiculous, but at least it is more plausible than Phyllis Schaflys idea that Blackwell commends:

Phyllis Schlafly has reminded us—serious student of the Constitution that that she is—that Congress has the power to restrict the appellate jurisdiction of the federal judiciary. Very true.

Stripping appellate jurisdiction would not stop the trial, it would just prevent appeals.  Oh, and always, the easiest way to have avoided it was for the Bush Administration not to create some third amorophous brand of prisoners.  He should have just labeled them as Prisoners of War.

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