Josh Marshall makes some cogent arguments in support of trying Khalid Sheikh Mohammed in Manhattan but apparently he is not a careful reader of.... Josh Marshall.
Some cogent stuff first:
And most of the criticism comes under three distinct but related
arguments: 1) civilian trials give the defendants too many rights and
protections and thus create too big a risk they'll get acquitted and
set free, 2) holding the prisoners and trial in New York City puts the
city's civilian population at unnecessary risk of new terror attacks,
and 3) holding public, civilian trials will give the defendants an
opportunity to mock the victims, have a platform to issue propaganda or
gain public sympathy.
The first two arguments strike me as understandable but basically
wrong on the facts. The third I find difficult in some ways even to
understand and seems grounded in bad political values or even
ideological cowardice.
Dr. Marshall believes (as do I) that there is plenty of untainted, admissible evidence, that convictions will be a slam dunk, and that we will hold these guys under other charges if lightning strikes and a jury acquits.
As to putting New York at risk, it is already a huge target, and anyway, we can't give in to terror:
On a more general level, however, since when is it something we
advertise or say proudly that we're going to change our behavior
because we fear terrorists will attack us if we don't? To be unPC about
it, isn't there some residual national machismo that keeps us from
cowering even before trivially increased dangers? As much as I think
the added dangers are basically nil, I'm surprised that people can
stand up as say we should change what we do in response to some
minuscule added danger and not be embarrassed.
It's a fair point which I would find more compelling if I were otherwise convinced that these trials made sense. But Dr. M. rides off the rails here:
And finally we come to the fear of what KSM and the others will say. I
don't see what factual dispute there is here. And at some level I don't
even understand the argument. Logically I understand it; I understand
what they're saying. But it's so contrary to my values and assumptions
that at some level I don't get it. I cannot imagine anything KSM or his
confederates would say that would diminish America or damage us in any
way. Are we really so worried that what we represent is so questionable
or our identity so brittle? (Some will say, yes: torture...
Torture? Is that all he can think of? Hmm. If Marshall read Marshall, perhaps he would recall his reaction when news first broke that the Fort Hood shooter might be a Muslim:
This Is Going To Get Very Dark
Multiple news organizations are reporting that one of the suspected
gunman, apparently the one who fired most of the shots, at Fort Hood is
Major Malik Nadal Hasan, 39. He was shot dead during the shooting.
Dark? Why? There are Muslims that hate America - is this news? Of course, the Muslim connection may have had nothing to do with Hasan's motivation, which Obama himself boldly and insightfully described as "incomprehensible".
Dr. Marshall and Obama himself are in the classic liberal school that see the Great Unwashed of America as a hotbed of racist, xenophobic, anti-Muslim fear and loathing needing only the least spark to ignite our country in flames. That is why the Hasan incident is "dark" and Obama's first urge (and the Times!) is to worry about an outbreak of anti-Muslim sentiment.
So imagine if Khalid Sheik Mohammed spends his time in the media capital of the world explaining, day after day, the basis in the Koran for devoted Muslims to take up arms against the West. Will his daily calls to jihad divide this country, setting the rest of America against the Muslims within? If the news that we had a Muslim shooter at Fort Hood was "dark", why wouldn't a daily call to jihad by a man who killed over 3,000 people be darker? As to what is so "brittle" in the American identity, Obama and Marshall leave no doubt of their bleak assessment of America's tolerance for religious and ethnic minorities. Not their tolerance, of course - it is the rest of us that worry them.
Well. Thinking globally, we had deadly riots in Afghanistan when Newsweek reported on a questionable story of a Koran being flushed down a toilet. Is there a possibility that KSM can think of something similarly inflammatory to relate, even as Americans continue to fight in Afghanistan? I am surprised by Dr. Marshall's failure of imagination on this point (although I should note that the official implausible lefty talking point seems to have been that the riots were not linked to the Koran story; this line was also peddled by the Pentagon and I don't know how Dr. M finally positioned himself).
To summarize - should an earnest lib be worried that KSM can use the soapbox of a public trial to inflame the anti-Muslim sentiment that they believe is one sixteenth of an inch below the surface of the American psyche? And shouldn't the rest of us be worried that KSM can use a public trial to inflame the anti-American sentiment that is often on display around the world?
I hope that helps. Bet it doesn't.
UTTERLY UNCONVINCING: Dr. M suggest a parallel to the trials of the already-defeated:
Does anyone think that Nuremberg trials or the trial of Adolph Eichmann
in Jerusalem in 1961 or the war crimes trials of Slobodan Milosevic and
others at the Hague advanced these mens' causes?
Does anyone think Al Qaeda is as defeated as Nazi Germany was in 1945, or 1961? I would look for parallels in the IRA trials, especially if I knew a darn thing about them - the Brits had some ghastly experience applying conventional criminal procedures there. This famous Conlon trial is probably not a useful comparison (I don't think KSM fabricated his confession), but the IRA hunger strike and the death of Bobby Sands gave the British fits and is something KSM et al might emulate on the world stage.
Yet people are sure we can avoid all this?
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