Sunday, November 21, 2010

Eric Holder Should Resign, Sunday, November 21st

Eric Holder Should Resign

When Ahmed Ghailani was acquitted in the murders of 224 innocents, including a dozen Americans the convergence of ideology and incompetence resulted in the jury's collapse.

Eric Holder who repeatedly declared his confidence in this process should resign and the president should apologize to the nation and especially to the families of the victims of the man who now has been declared not guilty.

An email from an individual very experienced in federal criminal proceedings comments:
“This smells like a compromise verdict to me. On Monday you had the report that a juror asked to be excused, claiming she was the lone holdout and she feared continuing verbal assaults on her by the other jurors for refusing to agree with them.

I suspect the 11 jurors wanted to convict on all counts, and this one juror refused.

In order to reach a verdict, the 11 jurors agreed to join her in acquitting him on all counts but one, in exchange for her agreeing to convict him on the one count -- which sounds the least serious based on its description in the indictment.

But, the potential sentence for that count is a minimum of 20 years and a maximum of life. Its up to the district judge to determine how much time he will give him, and the judge can consider all the evidence at trial, including the evidence on the acquitted counts.

To take those counts into consideration in determining what sentence to impose, the judge is only required to find by a preponderance of evidence that the defendant was involved in the criminal conduct for which he was acquitted. He's not being punished for the acquitted conduct, rather, that conduct is to inform the judge about the nature of the defendant's character.

I expect the judge will give him life when all is said and done.”

While “life” is the probable and most desirable sentence, there is no guarantee the judge will issue it, especially considering how the rest of the trial has been handled. This terrorist should be executed --should have been executed long ago. He murdered hundreds, including a dozen Americans. You can be assured his fellow terrorists are cheering this parade of the incompetent.

It appears America cannot protect its citizens abroad nor avenge them even when their killers are captured.

Hard left ideology has invaded the Department of Justice and it has been empowered by President Obama and Attorney General Holder. The consequences are on display.

People should reread Justice Scalia's dissent in Boumediene, the Supreme Court's decision rejecting the other branches' joint judgment on the subject of the application of habeas corpus to the terrorists. Justice Scalia zeroed in on the arrogance of the Supreme Court in attempting to dictate how these unlawful combatants ought to be dealt with.

Hopefully, at least some on the academic left will now shut up about that which they nothing about. --The difficulty of trying unlawful combatants with civilians in the jury box and prosecutors unable to use evidence both because of evidentiary standards that ought not to be applicable to terrorists captured abroad and because of the fear of compromising the methods and sources of intelligence gathering.

In the final analysis, Eric Holder should have known this would be a likely outcome. He certainly has enough very knowledgeable and experience people screaming this for months. He should accept complete responsibility; stop hiding behind the one conviction out of over 200 charges and do the right thing –resign immediately.
State police say a western Pennsylvania woman tried to hide marijuana in a child's dirty diaper. Trooper Stefani Plume had just asked permission to search the car of 23-year-old India Banks, of Clairton, when Banks allegedly handed the diaper to the trooper and asked her to toss it into a bag of garbage inside the vehicle. Plume says she thought it was odd of Banks to hand over the wet diaper instead of throwing it in the bag herself. So the trooper checked inside and found a small bag of marijuana.

On this day in history in 1794 Honolulu Harbor discovered and in 1877 Tom Edison announces his "talking machine" invention
Potential and Reality 
A kid comes home from school with a writing assignment. He asks his father for help. "Dad, can you tell me the difference between potential and reality?"
His father looks up, thoughtfully, and then says, "I'll demonstrate. Go ask your mother if she would sleep with Robert Redford for a million pounds. Then go ask your sister if she would sleep with Brad Pitt for a million pounds. Then come back and tell me what you've learned."
The kid is puzzled, but decides to ask his mother. "Mum, if someone gave you a million pounds, would you sleep with Robert Redford?"
"Don't tell your father, but yes, I would," she replies.
He then goes to his sister's room. "Sis, if someone gave you a million pounds, would you sleep with Brad Pitt?"
She replies, "Omigod! Definitely!"
The kid goes back to his father. "Dad, I think I've figured it out. Potentially, we are sitting on two million quid, but in reality, we are living with two sluts."

Live Long and Prosper....

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