Wednesday, November 18, 2009

Failure Is Not An Option II

Can you imagine any other context in which the President of the United States would assure the public that a criminal defendant is guilty; that he will be convicted by a jury; and that he will be executed? Such comments make a mockery of the "rule of law" as normally understood.

It's true, of course, that Osama bin Laden and Khalid Sheikh Mohammed are obviously guilty of the terrorist attacks of which they proudly boast. We don't need a judge and jury to tell us this. In my view, we would be amply justified in simply shooting them.

But if only one jury verdict is acceptable; if the President is willing to assure the American people of conviction; if acquittal or a hung jury is "not an option;" if, assuming such a result, the defendant would be returned to prison anyway--then it is ridiculous to say that we are going through this charade in order to "vindicate the rule of law."