Talk about a difficult job... Attorney General Eric Holder can not do anything that is satisfactory to anyone, and he compounds this difficulty with statements that are not necessarily incorrect or wrong in judgement, but that he makes statements and then has to retreat backward because of political pressure such as the prospective Khalid Sheik Mohammad trial, which was addressed during today's program.
First, in the aftermath of this week's arrest of Faisal Shahzad, for the attempted Times Square car bombing, and the Arizona immigration law, racial profiling has come to the forefront. This column feels that racial profiliing, as the Attorney General explained today, is not good for law enforcement as it would pit the citizenry against law enforcement and this cooperation is key in the actual protection of the people. What if, out of fear of being detained himself, the Muslim-American man who alerted police, didn't? Tighter coordination amongst the various law enforcement agencies is what is required. Where racial profiling leads to is profiling people for other things - religion, age, ethnicity, sexual orientation. Now some people would say that that is hyperbole, but it isn't if you open the door to going down that road. Also, the introduction of this Liebermann-Brown that proposes to revoke citizenship of an individual if they've participated in an act of terrorism, or something to that effect. Well, what if you were detained accidentally and had no way to prove your innocence? You're citizenship is in jeopardy and due process under the law is thrown out because your Miranda rights are read to you. If it were you in that situation, you would say it's wrong.
So with regard to Mr. Shahzad, he is an American citizen and should be read his Miranda rights - all citizens have equal protections under the law. Ultimately, the Liebermann-Brown bill raises some eyebrows, but won't amount to much, frankly because one of the sponsors hasn't earned his credentials in the Senate yet and the other has been discredited.
Mr. Holder invoked the ticking time-bomb scenario when dealing with terror suspects and their Miranda rights, which means that if the threat is still grave and information is needed, then the reading is delayed. It's a middle ground that wins no fans for Mr. Holder on either side of the isle. And it is this middle ground position that the Attorney General continually takes such as in the trial location of Khalid Sheik Mohammad. First, he said that the trial would be in New York, and now it isn't? Or it's being reviewed... where are we?
Also, we stated in this column before our disappointment in many of our politicians that they don't have confidence in our Justice system, confidence in our law enforcement and investigators to bring a rock-solid case and present it in no uncertain terms or the courage to defend the process. "Home of the brave," don't we remember this. Mr. Holder emphatically (we mean this in complete facetiousness with regard to Mr. Holder's perpetual monotone) stated that failure is not an option and he would not be released. To which, you ask, "But how can that be guaranteed?" It doesn't have to be guaranteed. Mr. Wes Moore, author and former captain of the army who served in Afghanistan, said that it is more dangerous abroad if we abandon our rule of law. Katy Kay, Washington correspondent for the BBC also on today's panel, pointed out the double standard of the Bush Administration trying terrorists in civilian court versus the Obama Administration doing it. Lastly, E.J. Dionne, who was actually emphatic about the term 'lawyered up,' stated that we have faced it situation many times in our history and we have been able to maintain citizens' rights.
[It's worth noting here that Mr. Greogory, the moderator, was injecting his opinion way too much during the panel with regard to the Miranda discussion. Mr. Gregory needs to go back, look at the tape, and check himself for next time as the Moderator of Meet The Press.]
With all that, what are conservative politicians afraid of? Are they afraid that Khalid Sheik Mohammad might go free... be acquitted? Fine, he's acquitted and he goes free. If that high improbability actually happens, let's drop him off in the middle of the Michigan woods, make it public knowledge, and see if ever makes out.
Postscript: One other note with regard to something that was touched on at the end of the panel discussion is what happened in Utah with Senator Bob Bennett. In the state convention, he was ousted by conservatives for not being conservative enough. David Brookes pointed out that Mr. Bennett voted for the T.A.R.P. and tried to work across the aisle with Democrats, and voiced his contempt for this close-minded, uncompromising approach being taken by the local Republican caucuses. Divided Republicans will fall if they continue on this trajectory as they will marginalize themselves with ideological litmus tests.
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