November 15, 2009
Extradition Indecision - Obamic Options 005
John Hinderaker adds a chilling but disturbingly plausible appendix to the end of a Power Line post by Scott "Big Johnson" Trunk. The post examines the likely effects of trying Khalid Sheikh Mohammed and other high-profile terrorists in civilian court; at the end, Scott wonders why President Barack H. Obama is so determined to try some terrorists in federal court, while others are tried in military commissions. John's addendum follows:
On our radio show yesterday, Andy McCarthy proposed an explanation that amplifies on Scott's last paragraph. He suggested that the Obama administration views KSM et al. as its allies (my paraphrase) in its war against the Bush administration. Obama expects them to make their treatment by the Bush administration, real and imagined, the centerpiece of their defense, with the possible result that Bush, Cheney, and others may be indicted as war criminals by European countries or international courts, thereby satisfying the far left of the Democratic Party, which Obama represents.
This leads me to another Obamic Option question (the fifth):
Assume for sake of argument that some court in Madrid, let's say -- one that declares it has "universal jurisdiction" -- watches the trial of Khalid Sheikh Mohammed in New York City, then decides to indict George W. Bush, Dick Cheney, Donald Rumsfeld, Douglas Feith, Alberto Gonzales, Jay Bybee, John Yoo, and of course Karl Rove for "war-crimes" supposedly committed against KSM and other terrorist detainees.
The question is this: Would President Obama agree to extradite all or some of these defendants to Spain for trial? How would the American people react to such an unprecedented decision by the American president?
Our previous Obamic Options offerings were:
- Obamic Options 001
- Obamic Options 002: The Limits of Tolerance of Pinkos
- Another Noble Obamic Musing - Obamic Options 003
- Could He Ever Bring Himself to Say It? Obamic Options 004
Hatched by Dafydd on this day, November 15, 2009, at the time of 6:02 PM
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The following hissed in response by: snochasr
These are all interesting and entertaining questions, but they all suffer in the same fatal way to promote serious discussion: They assume "a rational actor" sits in the Oval Office. Having seen no evidence of that, there would seem no sound scientific basis for making a prediction. Sorta like Catastrophic Global Warming.
The following hissed in response by: Geoman
Short answer - revolution.
Long answer - Does the federal government even recognize the authority of such self-appointed foreign courts? I suspect that the humiliation and embarrassment of Bush et al is the solitary goal here. Indictment of Bush will just limit his travel plans. They want to make him a Polanski.
On the other hand, This could go terribly wrong for Obama. What if he can't convict the 4? Holder is confident, but he's also an idiot. Also - what if Bush and Cheney mount a very sturdy defense of their actions? What "war crimes" are they actually accused of, and can any such charges seem plausible?
There is great danger for Obama here, but he is too dumb to see it...
The following hissed in response by: Texas Jack
Geoman is right, there would be blood in the street if the idiot tried to extradite the last administration. Whatever is left of his agents or marshals or whatever (troops would refuse the order) would be invited to leave, and the Republic of Texas would be proclaimed.
Which brings up a question I can't answer: Is Obama really that stupid, or does he actually hate America and everything we stand for?
The following hissed in response by: Geoman
Is Obama stupid or just hates America? Do I have to pick just one?
The following hissed in response by: BlueNight
I see I'm not the only person who thinks such incomprehensably radical changes in jurisdiction have a sinister end.
The above hissed in response by: BlueNight at November 17, 2009 9:46 PM
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