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Simon Says – Lets Use KSM’s Criminal Trial As a Teaching Tool

November 18, 2009

The New York Times has defended the Obama administration’s unconscionable decision to try Khalid Shaikh Mohammed (KSM) and four of his al Qaeda cohorts in a federal court in Manhattan under the rules applicable to everyday criminal defendants.

Aside from the bogus constitutional law arguments claiming that such trials are required, which I discussed in yesterday’s blog, the argument in favor of affording KSM and his colleagues full constitutional protections in our civil court system is that it will supposedly show the world how fair our system is, in contrast to the terrorists’ atrocities.  In today’s New York Times, this argument is carried to its illogical conclusion in an op-ed article by Steven Simon, a fellow at the Council on Foreign Relations.  Simon was wrong in the past about Iraq and even more wrong today about the merits of trying KSM in our civil courts.

After dismissing out of hand the real possibility that KSM could exploit legal technicalities at his trial and be set free because of the lack of admissible evidence, Mr. Simon says that the trial will be a learning opportunity for the Muslim world that will lead jihadists to put down their arms.

Simon says:

It is strongly in our interest to reinforce these trends by underscoring the terrorists’ killings of civilians and our own commitment to the rule of law

Simon points to prominent radical clerics whom, he claims,  have already “reversed course in recent years” and argues that the KSM trial will accelerate that trend.

One of the clerics cited by Simon as an example of such conversion is Yusuf al-Qaradhawi (also spelled Qaradawi).   Simon praises Qaradhawi for advancing a “jurisprudence of jihad” that “forbids the killing of most civilians”.

This one example alone undercuts Simon’s entire argument and shows just how ludicrous it is.    Qaradhawi is the spiritual leader of the Muslim Brotherhood, an organization that has supported terrorism and has a long-term strategy to destroy Western secular institutions. He is a supporter of Hamas and the Palestinian intifada.  He believes that Islamic charities should be used to provide support for the families of suicide bombers.

Qaradhawi has no interest in the rule of law as we know it.   His objective is to destroy our legal and capitalist institutions.  Jihad is is lifeblood.    Here is just a small sampling of Mr. Qaradhawi’s thinking:

Muslims must carry out jihad to liberate all the land of Islam.

Secularism may be accepted in a Christian society but it can never enjoy a general acceptance in an Islamic society.  Christianity is devoid of a shari`ah or a comprehensive system of life to which its adherents should be committed…For Muslim societies, the acceptance of secularism means something totally different; i.e. as Islam is a comprehensive system of worship (`ibadah) and legislation (Shari`ah), the acceptance of secularism means abandonment of Shari`ah, a denial of the divine guidance and a rejection of Allah’s injunctions… The acceptance of a legislation formulated by humans means a preference of the humans’ limited knowledge and experiences to the divine guidance

the governments [of the world] must be pressured to demand that the U.N. adopt a clear resolution or law that categorically prohibits affronts to prophets -to the prophets of the Lord and his Messengers, to His holy books, and to the religious holy places.

the collapse of the capitalist system, which is based on usury and securities rather than commodities in markets, shows us that it is undergoing a crisis and that our integrated Islamic philosophy – if properly understood and applied – can replace the Western capitalism

What naive or misguided ‘experts’ like Mr. Simon either do not understand or refuse to acknowledge is that influential clerics like al-Qaradhawi and their many millions of Islamist supporters all over the world – including in this country – mock our judicial and democratic system.   They view Islam as the only true religion and all of us unbelievers as infidels who are not innocent civilians worthy of protection from jihad.  Whatever means they may use – suicide bombings, airplanes as weapons, or infiltration and manipulation through what Robert Spencer has called stealth jihad, they are the enemies of twenty-first century democratic civilized society.

If we let these fanatics and their bone-headed lawyers from the American Civil Liberties Union, Center for Constitutional Rights and other like-minded advocates for terrorist suspects abuse our legal system to achieve their evil ends, we will be enablers of their success.

  1. John Romano permalink
    November 18, 2009 11:35 am

    My take on this:

    Terrible idea bringing KSM and crew to New York and into the civilian criminal justice system.

  2. Steve R permalink
    November 19, 2009 12:47 pm

    KSM some time ago offered to plead guilty before a military tribunal. That he wasn’t allowed to do so strikes me as a ploy by the Obama administration to preen itself publiclly as THE protector of American values. This is dangerous posturing that seems to me rooted in complete denial of the magnitude of the threat that militant (is it anything else?) Islam represents to free governments and institutions everywhere.

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