Rocky Warren
Time for a Resignation
February 8, 2010

Attorney General Eric Holder has botched his job time and time again. I’ve heard some calls for his resignation, but not enough. The voice for his ouster should be nearly unanimous by now. From the time Mr. Holder declared that “Americans are a nation of cowards when it comes to matters of race,” everyone should have been put on notice we were in for a rough ride with this man at the helm of Justice.

On Christmas Day 2009, a commercial airline passenger, Abdul Farouk Abdulmutallab did his level best to bomb the aircraft he was riding in. And his best wasn’t bad at all, even though he merely succeeded in potentially impairing his ability to reproduce. Abdulmutallab almost made his dream of death to two hundred ninety Americans a reality.

However, instead of notifying the FBI and military directing Abdulmutallab be handed over to the military and treated as an enemy combatant, A.G. Holder directed his arrest and Miranda warning, then placed him in civilian custody. Apparently Mr. Holder has forgotten the massive exposure of United States security information during shoe-bomber Richard Reid’s trial. As just one example, revelation of the monitoring of Osama bin Laden’s cell phone conversations made Osama quit using a cell-phone. This lessened the chances of Osama’s capture and made tracking him immeasurably harder. It also cost our nation priceless intelligence on Al Qaeda operations. Mr. Holder apparently wishes to repeat those types of mistakes both at the trial of this young man, Abdulmutallab and at other terror trials as well.

Additionally, A.G. Holder recently refused to prosecute The New Black Panther Party for clear cases of voter intimidation. You can bet that had it been members of The Tea Party near the doors of polling places, the Attorney General would have sprained his wrist signing off on the prosecution!

It appears however, that next election, voters are going to have to put up with this kind of tactic. Apparently the incompetent Mr. Holder hasn’t realized that he just openly gave his permission and approval for this type of behavior to go on, to grow and to escalate in future election cycles!

Worse yet, is the matter of the upcoming trial of Kalid Sheik Mohammed and his terror cronies. Mr. Holder has not only failed to do his job; he’s put our nation into a terrible box with his decision on this 9/11 trial. Bringing Kalid Sheik Mohammed and four of his terror henchmen out of military custody to New York, is a spectacularly ridiculous disaster just waiting to explode in the lap of President Obama’s Administration. Any attorney is going to give a Prosecutor fits with civilian criminal law standards prior to and during Kalid Sheik Mohammed’s terrorism trial.

Let’s peek into the supposed chambers of a hypothetical federal judge before trial and speculate what Kalid Sheik Mohammed’s defense attorney might be likely to say;

“ Miranda? No, your honor. My client wasn’t read his Miranda rights. And his Fifth Amendment rights were violated, both when he was held in Guantanamo without charges or recourse to this court, and again when he wasn’t allowed representation by an attorney. Judge, I move that nothing he said should be used in court. No confessions, no statements, nothing.” The Prosecutor shifts uneasily in his chair largely unable to dissent since defense counsels’ allegations are mostly correct when considered in light of U.S. criminal law. (Not a factor at all under military tribunal conditions!)

The defense attorney continues, “Your Honor, there’s also the matter of the United States government seizing my client in the first place and holding him without charges or trial which is a violation of the Fourth, Sixth, and Fourteenth Amendments of the Constitution. Then there’s the matter of water-boarding my client. That’s torture under current law, and as such is a violation of the Eighth Amendment’s bar against ‘cruel and unusual punishment’ as well as the right to be admitted to Bail which my client was also denied. Your Honor, just pick an Amendment and you’ll find the Government has probably violated it in this case.” The judge sits back in his chair as the Prosecutor looks increasingly unhappy.

At this point, the Prosecutor has few options and the judge has a nasty decision to make. One that nobody is going to like. The Prosecutor may very well make the counter argument that Kalid Sheik Mohammed was held off the Continental United States by the military and not in police custody. Therefore, our Constitutional rights and protections didn’t attach until he was transported to the U.S. It’s unlikely, but if a judge buys that, their ruling would set off a frenzy of appeals and make news around the world. (Which is just what Kalid Sheik Mohammed and his henchmen want.)

Or the judge might even say, “Your client is exonerated of all charges and to be released back to his home country.” (Where he becomes an instant hero to terrorists worldwide to rival only Osama bin Laden.) All while terror-recruitment and attacks triple overnight. Finally, if Kalid Sheik Mohammed does get convicted, sentenced to death and executed, he gets to talk directly to the American people first and then becomes a martyr. From his extremist and terrorist viewpoint, where’s the downside?

If such arguments to a federal judge aren’t being made, then it could be an indicator of a totally different type of impending disaster. The only reason defense counsel would not make these arguments, might be that their “client,” Kalid Sheik Mohammed has directed them not to.

Plenty’s been said about the “security threats” presented by a terror trial no matter where it’s eventually held. (Unless it’s held back in Guantanamo in front of a military tribunal!) Surprisingly little has been said about the ripe opportunity a Continental United States located terror trial would represent for those sympathetic to the terrorist cause, or loyal to KSM personally.

Demonstrations, counter-demonstrations and riots can almost definitely be counted on at the scene of KSM’s trial. This trial will also afford many chances to those more moderate-inclined supporters to posture and declare America’s evil at the very least. Or, to the more extremist-minded, it’s a major opportunity to shoot Americans, plant explosives, and walk or drive homicide-bombers near or into a building, or in among a crowd, killing dozens or hundreds.

There also has to be security mounted, constantly changing plans, and intelligence gathered to prevent attempts to “rescue” KSM or his co-defendants when they get transported to and from prison or trial.

Now…after that scenario, let’s back off a second and re-consider all this. Here’s one point:

Neither Eric Holder nor his Assistant Attorney Generals can realistically expect to get a conviction in the United States on Kalid Sheik Mohammed. That’s pretty much established fact just scratching the surface of the Constitutional issues involved. The disabilities of the case under United States criminal law and evidence codes are just too great.

Fact; Attorney General Holder said that he made the decision to bring Kalid Sheik Mohammed back to the United States to stand trial in Federal Court. He’s admitted that as well as stating that he made the decision about the would-be “Christmas Day Airplane Bomber.

That’s two duffs in a row there Mister A.G.

Fact: Both Attorney General Holder and President Obama have already displayed open bias by stating in videotaped interviews that Kalid Sheik Mohammed can be tried, found guilty and executed in The United States.

In President Obama’s case, he might find that claim to be as realistic as bringing the Olympics to Chicago, electing Martha Coakley to the Senate, or he and the more socialistic portion of the Legislature being declared “centrist healers.”

Time to resign Mr. Holder. Let someone who’s competent take over. You muffed it, just like you did as Second-In-Command at Justice during both the Waco and Ruby Ridge disasters.