Eric Holder, reassuring the mother of a 9/11 victim that trying KSM in federal court is the right thing to do:
There are reasons why bringing this case in an Article III court when it comes to the admissibility of certain evidence is really the right way to go and really maximizes our chances of getting a successful outcome.
This statement comes at the very end of this clip. (An “Article III” court is a standard federal court under Article III of the Constitution.)
Although Hot Air and others have linked the clip, I haven’t seen anyone else focus on this particular statement, which I found very revealing. Commentators (including myself) have been arguing that Holder and Obama chose federal court because they thought they could win anyway, and make some Grand Point about due process. But this quote indicates that Holder and Obama actually think they have a better chance in federal court.
Combine that with Holder’s frank admission (which he quickly backed off of) that he might not choose this forum if he were not confident of success:
If I was concerned about the forum not leading to a positive result or if I had a concern — a different concern, you know, we would perhaps be in a different place.
And you can see that what we have is an administration that is choosing where to try the detainees, not based on some principle or neutral protocol (as they claim), but based on where they can win. They’re rigging the game.
And if they lose, they won’t let him go anyway.
This is just further evidence that the KSM trial will be a show trial.
P.S. I don’t want to make this argument. I want the world to consider the trial of KSM legitimate. And as I said before, I do like the concept of treating him like he’s nothing special.
But the way Obama & Co. are running this show isn’t about justice. I criticized the Bush administration when I thought they were stacking the deck and implementing unfair procedures, and I’m going to criticize Obama when I see him doing it.
UPDATE: Turns out Glenn Greenwald made this exact point yesterday, and has even more damning quotes from Holder, including this one:
Courts and commissions are both essential tools in our fight against terrorism . . . On the same day I sent these five defendants to federal court, I referred five others to be tried in military commissions. I am a prosecutor, and as a prosecutor, my top priority was simply to select the venue where the government will have the greatest opportunity to present the strongest case with the best law. . . . At the end of the day, it was clear to me that the venue in which we are most likely to obtain justice for the American people is a federal court.
I mean, he’s making no bones about it.