Obama Rejects False Choice Between Due Process and Certain Outcome

Obama doesn’t accept that there are tensions between the security of the American people and the ideals of our democracy, so it’s not surprising that he would put the men behind the 9/11 attacks on trial in civilian courts and then guarantee the death penalty for the accused. But as the Los Angeles Times reports, there are no guarantees:

After Zacarias Moussaoui — the accused “20th hijacker” in the Sept. 11 attacks — was sentenced to life in prison in 2006 because one juror in Virginia refused to agree to the death penalty, Moussaoui clapped his hands and called out, “America, you lost and I won.” Now the Obama administration plans to seek a death sentence for Khalid Shaikh Mohammed, the self-proclaimed Sept. 11 mastermind. Some legal experts say President Obama was overly confident when he predicted that critics of trying Mohammed in a federal courtroom in Manhattan would be silenced “when the death penalty is applied to him.” The only modern-day terrorist sentenced to death in federal court was Oklahoma City bomber Timothy J. McVeigh.

The paper reports on the various obstacles to a death sentence, not least of which is the venue, New York City, where there’s a good chance that one in 12 people will object to state sanctioned execution as a matter of principle. Of course the same could happen in Virginia or anywhere else the trials were held. In fact, the Bush administration failed to win stiff sentences for some detainees through military tribunals, which, if nothing else, was evidence that there were very real protections for the defendants built in to that system. But Obama has pointed to the bleachers in left field and called his shot.

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