White House May Have to Release 9/11 Suspects on Technicality

KSM to Go Free in White House Legal Error?
Dylan Ruegger
Ottawa Sun

American civil and defense attorneys are bristling at the legal back-and-forth between the White House and the Justice Department. For the last month it has been widely reported that the Obama Administration was considering trying al Qaeda suspects tied to the September 11, 2001 attacks in military court. This would be a reversal of their earlier push to try the defendants in a New York City court.

While this move has been applauded by members of both the Republican and Democratic establishments, it has not gone over well with legal experts at both the Pentagon and in the Justice Department. According to one senior attorney speaking on terms of anonymity, the change in legal settings could set off a chain reaction leading to a mistrial.

According to American law, most changes of legal venues occur only after it has been determined that a suspect cannot receive a fair trial. If these suspects were American citizens, a change to another court would have been a simple matter. However, due to the legal changes regarding terrorist detainees put in place by the Obama Administration, this is not as simple.

"You have the al Qaeda suspects being presumed innocent until proven guilty," said one Justice Department attorney's aide, "If the trials are moved to Guantanamo Bay, the suspects' lawyers can legally challenge that the federal government changed the venue only to increase the chance of a guilty verdict."

If this is indeed the case, the Obama Adminstration would also be legally unable to return the trials to the original destination. Under these circumstances it is possible, but still not likely, that a circuit court could determine that the attempted changes constituted a miscarriage of justice and that the suspects would have to be set free.

While this situation is unlikely, it is still unsettling for many in the legal community, especially those who have been tracking al Qaeda.

"The chance of them being set free is maybe five percent." said our source at the Pentagon, "But five percent is still five percent too high."

Obama Administration officials have defending this course of action, claiming that the continuity of American justice during wartime was an utmost concern. Attorney General Eric Holder's office simply told one FOXNews affiliate simply, "Justice will be served."

Deepak Chardyia contributed to this report.

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Awesome: Al Qaeda Leader Blowded Up

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We Stand For Victory in Afghanistan

We here at Jumping in Pools stand for victory in Afghanistan against the Taliban and al Qaeda. There is no way that we can allow this band of theocratic fascists to control one of the most vital waypoints in Central Asia. It was from Afghanistan that the September 11th atrocities were planned, it was from Afghanistan that the Taliban moved into Pakistan.

We must win there. Period.

We have significant disagreements with President Obama. None of us (not even Joe, a democrat) supported him in 2008. However, we must throw away some of our disagreement in order to do what's best for the soldiers and for the nation as a whole.

We support the troop surge. We hope that the President will send at least 10,000 more soldiers in order to fulfill General McChrystal's request. We hope that NATO and other nations will also send thousands of new troops. Our dear ally Georgia has announced that it is sending almost 2,000 troops, and Britain is sending 500 more.

This is a particularly difficult issue to us. One of our writers, Eli, is in the National Guard training to be a medic. It is likely that he may go to Afghanistan and we want to make sure that reinforcements are there to win the war and destroy the Taliban.

The Taliban and al Qaeda are our enemies, not the President. I hope that after the speech President Obama places responsibility in Generals McChrystal and Petraeus to finish the job.

We all depend on it.

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Fort Hood Attack Shows a Post-9/11 Security System and Pre-9/11 Mentality Leaves Us Vulnerable

The terrorist attacks in Fort Hood last week were a horrific reminder that the nation is not safe and that the heroism of American soldiers was tested on American soil. Unfortunately, it shows that the government is becoming increasingly unable to catch potential terrorist attacks.

Hasan was a lone gunman, making the shooting far less likely to catch before it actually occurred. However, the FBI had significant evidence of Hasan's radical views and the fact that he contacted al Qaeda associates. He was in contact with the Imam of the 9/11 hijackers! What!? We knew about this and we didn't even question the guy? We didn't alert security on the base? We have a Major-- with intelligence clearances and access to automatic weapons. He could have been a mole for al Qaeda, a planner, or-- a shooter.

One of the problems that allowed 9/11 to happen was not repeated. We found out ahead of time-- we got the intelligence we needed. However, what was not there was the mentality to stop it.

The policies of the Obama Administration telling intelligence agencies to be careful about what they do regarding terrorism could have prevented the FBI from tackling the issue. Perhaps concerns about being called "anti-Muslim" prevented an FBI agent from busting the guy. Perhaps they were concerned about being called overzealous.

Part of this stems out of the prosecution of the CIA agents who interrogated al Qaeda terrorists after the September 11th attacks. Obama made it clear that he would have two policies. One: he would allow many of the Bush security surveillance programs to continue, breaking his campaign promises. In order to please his rabid left-wing base, he decided to prosecute the CIA and make it so intelligence gathered would not be acted upon.

This policy is idiotic and fatal. We must remember that the security of our country trumps politics. If only the White House knew that.
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Five Terror Plots Show How al Qaeda Sees Obama's Weakness

For years the mantra of the Left was that continuing to fight in Iraq would embolden terrorists and that reversing Bush-era policies would help ease al Qaeda's 'concerns.' Guantanamo Bay prison is on its way to being closed. Fighting has nearly ceased in Iraq and troops are being pulled out. Obama lauded the Muslim world in a Cairo speech.

And in less than a month, five possible plots to attack the United States have been uncovered.

The most famous was the case of Najibullah Zazi and his al Qaeda-linked cell. These alleged terrorists were planning possible attacks on the New York City subway and perhaps on other targets. Even though Zazi is in custody, his cell might still be seeking to attack.

Next, a Jordanian man was arrested after attempting to plant what he thought was a car bomb in downtown Dallas. I hope that this becomes big news, cause it sure is scary. This car bomb, by the way, was placed at the base of a 60-story skyscraper.

Next we have suspicious men possibly casing a Philadelphia subway. This is also scary news, as the men have fled.

And two of the seven men accused of trying to go overseas to help fight a jihad against the United States were attempting to launch an attack in Virginia. They were planning to attack a Marine base, and it sure sounds scary:

It offered no details, except to say that Boyd had undertaken reconnaissance of Quantico and obtained maps of the base in order to plan the attack.

The U.S. Attorney's Office said Boyd also possessed armor piercing ammunition, and had stated that it was "to attack the Americans."

Last, we have a man held today for attempting to blow up a federal building in Chicago. The man was a convert to Islam and would have launched an imminent attack:

He was introduced to an undercover FBI agent who began working with him to plot an attack, but Finton was repeatedly told he could walk away at any time, according to the Justice Department.

Eventually, Finton picked the federal building in Springfield as the target and on Wednesday he parked a van he believed carried one ton of explosives at the location, the complaint said.

Obama's weakness on foreign affairs has already damaged this country. And now not one, but five separate attempts to murder Americans have been uncovered in short succession. If terrorists really believed that the United States was now a peaceful utopia, why would they be planning new massacres.

President Obama, listen up: you must deal with these people. Drop bombs on them or shoot them. Al Qaeda cannot be quenched without American and Jewish blood. Take them out before they take us out.

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Remember 7/7

Four years ago today, cowardly terrorists aligned with al Qaeda assaulted Great Britain in a coordinated strike on mass transit. Using four suicide bombers, the terrorists were able to kill over 50 and wound many more.

Two weeks later came more attempted attacks on other targets in the capital, which fortunately did not succeed. Prime Minister Tony Blair showed courage and resolve after both attacks.

Terrorists and their allies believe that they have a reason to strike at the democratic nations of the world. Many, including Britain and Spain, were at the forefront of the War on Terrorism. Terrorists intended to knock them out by assaulting civilians and having the government (not the terrorists themselves) be blamed. Spain pulled its troops out of Iraq after the Madrid bombings on March 11, 2004.

To Londoners and British credit, the UK has stayed steadfast against extremism and stands shoulder to shoulder with the United States and democracy.

Thank you Britain.
May the dead and their loved ones find peace.

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McCain Calls for Victory

Senator John McCain, war hero, has called for victory in the fight in Afghanistan. Rather than giving up, the Senator has called for the United States to redouble our efforts in order to try and crush al Qaeda and the Taliban. In an op-ed, McCain and Joe Lieberman are prescient with their words:

Loose rhetoric about a minimal commitment in Afghanistan is counterproductive for another reason: It exacerbates suspicions, already widespread in South Asia, that the United States will tire of this war and retreat. These doubts about our staying power deter ordinary Afghans from siding with our coalition against the insurgency. Also important is that these suspicions are a major reason some in Pakistan are reluctant to break decisively with insurgent groups, which, in a hedging strategy, they view as integral to positioning Pakistan for influence "the day after" the United States gives up and leaves Afghanistan. That is why it is so important for the president to reject the temptations of minimalism in Afghanistan and instead adopt a fully resourced, comprehensive counterinsurgency strategy, backed by an unambiguous American commitment to success over the long term. In doing so, he must invest the political capital to remind Americans why this fight is necessary for our national security, speak openly and frankly to our nation about the difficult path ahead, and -- most of all -- explain clearly to our fellow citizens why he is confident that we can prevail.

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US Considering Dropping Charges Against bin Laden

Conservative News and Reporting
"News for the Rest of Us."
Geoffrey Likeson

According to sources in the Justice Department, the Obama Administration is pushing for the reversal of charges levied against purported al Qaeda leader Osama bin Laden. Bin Laden is under indictment from U.S. courts for his roles in the bombings of American embassies in Kenya and Tanzania in 1998, as well as the September 11, 2001 attacks.

This move comes as new Attorney General Eric Holder is promising a more "fair and open" Justice Department. Holder is the first African-American Attorney General and is a close confidant of the President.

According to a draft report circulating at the DOJ, Holder has asked that the charges against bin Laden and deputy Ayman al-Zawahiri be "suspended" until the time of their capture or death. Effectively, this would drop all charges against the two.

It is unknown if the President himself has pushed for these changes, but it is noted that such a public reversal could not happen without the White House's explicit approval.

The cause for this change of policy is not clear, but aligns closely with the changes that the Obama Administration has taken to reverse Bush-era "mistakes." It is speculated that the changes could be used to lessen international disapproval of American actions in Afghanistan. In addition, this could lead to a permanent suspension of the charges if bin Laden were to promise not to engage in terrorism.

It has been argued that if the charges are dropped against the al Qaeda members, then the United States technically has no right to apprehend or harm the two if they were ever found. James Fortright, a Constitutional scholar at George Washington University states that as long as there is no warrant for an arrest, the government is almost powerless.

"Without a warrant, you have to catch them in the act." Fortright stated in an email interview, "This would mean that if we located them, we could not touch them until a terrorist attack was already underway."

These changes are under the jurisdiction of the White House once approved by the Attorney General. When these actions will take place is unknown, but will likely be done by the end of the year.

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Joe Lieberman, Standing Up for America

While we might not have so much of what is called leadership in the United States these days, someone is holding the mantle of freedom and democracy. That person is good old Joe Lieberman of Connecticut, who is more concerned with the success of liberty and the United States than either his own party or his own political future.

Joltin' Joe has an op-ed in the Wall Street Journal explaining how America is going to kick al Qaeda's collective ass, again. Joe's one of my favorite Americans and would have made a good Vice Presidential selection for John S. McCain. Best wishes to Joe and John. Take a look:

Why are these whisperings wrong? Why is this war necessary?

The most direct answer is that Afghanistan is where the attacks of 9/11 were plotted, where al Qaeda made its sanctuary under the Taliban, and where they will do so again if given the chance. We have a vital national interest in preventing that from happening.

It is also important to recognize that, although we face many problems in Afghanistan today, none are because we have made it possible for five million Afghan children -- girls and boys -- to go to school; or because child mortality has dropped 25% since we overthrew the Taliban in 2001; or because Afghan men and women have been able to vote in their first free and fair elections in history.

On the contrary, the reason we have not lost in Afghanistan -- despite our missteps -- is because America still inspires hope of a better life for millions of ordinary Afghans and has worked mightily to deliver it. And the reason we can defeat the extremists is because they do not.

This, ultimately, is how the war on terror will end: not when we capture or kill Osama bin Laden or Mullah Omar -- though we must do that too -- but when we have empowered and expanded the mainstream Muslim majority to stand up and defeat the extremist minority.

That is the opportunity we have in Afghanistan today: to make that country into a quagmire, not for America but for al Qaeda, the Taliban and their fellow Islamist extremists, and into a graveyard in which their dreams of an Islamist empire are finally buried.

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Let's Close Gitmo: al Qaeda

Two more former inmates of the spa resort at Guantanamo Bay have shown up as terrorists. It appears that the hospitality of the American gestapo agents was just too much and the two men are bragging about it.

Come to think of it, why would these people become terrorists. They got free beds, sun, and great halal food. And now they repay us by plotting against us! And they're not the only ingrates!

The Defense Department has said as many as 61 former Guantanamo detainees -- about 11 percent of 520 detainees transferred from the detention center and released -- are believed to have returned to the fight.

The latest case highlights the risk the new US administration faces as it moves to empty Guantanamo of its remaining 245 prisoners and close the controversial detention camp within a year.

What is this world coming to!?

Terrorists Hit by Plague

Some awesome news for those in need of some. Apparently al Qaeda in Algeria has been hit by our very old friend, the bubonic plague:

The victim belonged to the large al-Qaeda network AQLIM (al-Qaeda in the Land of the Islamic Maghreb).

A security source told the paper: "This is the deadliest weapon yet in the war against terror. Most of the terrorists do not have the basic medical supplies needed to treat the disease.

"It spreads It spreads quickly and kills within hours. This will be really worrying al-Qaeda."

and to make us feel better:

The group now fears the highly-infectious disease could have spread to other al-Qaeda training camps or Taliban fighters in Afghanistan, the paper said.

A source said: "The emirs (leaders) fear surviving terrorists will surrender to escape a horrible death."

Oh yeah. Maybe this'll slow them down.

Quote of the Day--December 3, 2008

To kill the Americans and their allies -- civilians and military -- is an individual duty for every Muslim who can do it in any country in which it is possible to do it, in order to liberate the al-Aqsa Mosque [Jerusalem] and the holy mosque [Mecca] from their grip, and in order for their armies to move out of all the lands of Islam, defeated and unable to threaten any Muslim.

-- Osama bin Laden, 1998

Who Should be Obama's Secretary of Defense

There's been a lot of talk about who Barack Obama will choose to become his next Secretary of State. It may be a good idea for him to concentrate on his Secretary of Defense, too. Obama has talked about bipartisanship a great deal during the campaign, so this is his chance to demonstrate it.

Robert Gates has been a non-partisan, steady hand at the Pentagon since the resignation of Donald Rumsfeld. He has overseen the surge strategy that is decimating al Qaeda in Iraq and has been a very pragmatic secretary.

There are other candidates for the job, to be sure. However, it is up to Obama to blend both competency and bipartisanship. If Gates or someone similar is not named, then Obama's campaign promises are nil.

Can Someone Explain This to Me? Part 4

With this question, I will be straightforward and quick. Are we safer under an Obama Presidency?

John McCain is a military man who holds extensive knowledge of foreign issues. He understands nuances and gray areas better than most of Washington and he has promised defend against terrorism. President Bush has always promised to stay on the offensive against terrorists. Now, I have no doubt Obama understands some gray areas and that he doesn't want a terrorist attack on our soil, but he does not understand what John McCain understands. The threats of terror should never dissuade us from voting, or any other right, but it's an unfortunate fact that terrorist groups are planing attacks on the United States because Obama will be President. Not only this, but he plans to ban domestic drilling for oil... I guess pouring money into terrorist hands is a good thing. Now ask yourself, are we safer?

AL QAEDA PLANNING HUGE ATTACK FOR OBAMA

From World Threats, it's reported that al Qaeda is in stages of development for a major attack to greet President Obama.

If this is true, it goes along with one of my earlier thoughts. Al Qaeda and America's enemies have had a history of testing our new leaders, and we now have one who is very untested.

Al Qaeda is planning to get us involved in Africa. This will do one of two things. One, it's one of their main bases and they're counting on our fear of intervention (especially in Africa) to either keep us out or force us out later. Second, it could be a ploy, to divert resources from Afghanistan, Iraq, and Waziristan. Neither are good options.

Our Ethiopian allies and some AU nations have peacekeepers in Somalia, but it would appear that if we can't get our allies to contribute to ISAF, how many troops can we get for Somalia? Obama's mettle will be tested, like Joe Biden predicted, and we'll see if his spine--and ours-- are made of steel.

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