Sunday, August 10, 2008

Omar Khadr v. Canada

KornKobKory blows off Omar Khadr's lawsuit against Harper, filed by Khadr's lawyers with the Federal Court of Canada on Friday in a desperate bid to force his repatriation to Canada :
"This is predictable," said Mr. Kory Teneycke, the prime minister's director of communication. "It's an attempt by Mr. Khadr's lawyers to avoid a trial."
Now why would they want to avoid a trial?
Let's review, shall we, Kory?
Here's Col. Morris Davis, former chief prosecutor for Guantánamo's military commissions, in conversation with Pentagon general counsel William Haynes, advocate of waterboarding and chief legal adviser to Defense secretaries Donald Rumsfeld and Robert Gates :

"[Haynes] said these trials will be the Nuremberg of our time," recalled Davis, referring to the Nazi tribunals in 1945, considered the model of procedural rights in the prosecution of war crimes. In response, Davis said he noted that at Nuremberg there had been some acquittals, which had lent great credibility to the proceedings.

"I said to him that if we come up short and there are some acquittals in our cases, it will at least validate the process," Davis continued. "At which point, [Haynes's] eyes got wide and he said, 'Wait a minute, we can't have acquittals. If we've been holding these guys for so long, how can we explain letting them get off? We can't have acquittals. We've got to have convictions.' "
KornKobKory then continues on with his support of the Gitmo trial :
"Mr. Khadr should face these charges through a trial process and not through a political process"
despite the fact that former chief prosecutor Col. Morris Davis has specifically condemned the trials as "political, not legal".
Last word to Scott Horton, Columbia University Law School :
"If someone was acquitted, then it would suggest we did the wrong thing in the first place. That can't happen," says Horton sardonically."


Q said...

Yikes..this kornkob guy looks like a poor farmer who's been the victim of a biological attack...very creepy.

Like Kafka's The Trial, these suspects are all guilty with having been charged and there was clearly never an intention for them to see the light of human least some have been released when their countries spoke out...
Gitmo is a metaphor for charging all Muslims with anti American sentiment.
They charge Osama's chauffeur with providing material help to terrorists...well if he had a car who did the maintenance on it... why not charge whoever did the last oil change too?

Raphael Alexander said...

I really don't quite understand what's taken so long. As you say in your post about the Nuremburg trials, at least those took place in 1945 and 1946, a close span of time after the war. But the Gitmo detainees have been there for 7 years, some without charge. It just doesn't look good for the ones they're forced to release, although I read a report that said it likely some will never be released, with charge or without.

Alison said...

Q : The only charge that stuck to Osama's driver was being Osama's driver. Next up might see Osama's gardener, Osama's cleaning lady, Osama's wedding planner...
Just working their way up the domestic chain of command.

RA : Col. Miles Davis has stated that after years of foot-dragging, he was pressured to produce prosecutions for the run-up to the US elections. Four other prosecutors who also quit the JAG have corroborated this.
Impressive bunch, aren't they?

Alison said...

Col. Morris Davis, I should have said.

Anonymous said...

The latest development in Mr. Khadr's case is that the defense cannot have their own doctors examine him,they must rely on court appointed psychiatrists..Great decision I say.!Wonder what their own doctors would find? I bet it would be that KHADR is mentally incompetent to stand trial ! Anything to avoid facing justice...Any obfuscation,any stalling tactic is justified(in their view).When it comes down to it ,what is the real reason for KHADR'S plight? He is accused of MURDER, Manufacturing IEDs( the moron even took a video of himself assembling an IED!)and three other charges...The wheels of justice turn slowly but they will crush him under the weight of all the direct evidence they have against this terrorist thug..Remember ,the LAST thing his lawyers want is to have to go to trial.After all the rallies in toronto,the media hype,the lawyer's assinine assertions (This boy is no terrorist!! ,to paraphrase DENNIS EDNEY) the canadian public has not wavered in it's support of the HARPER government's stand on this matter.Let this process follow to its logical conclusion......

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