Gibbs: Khalid Sheikh Mohammed Likely to be Executed — Why Even Have a Trial?


White House press spokesman Robert Gibbs just said that Khalid Sheikh Mohammed (KSM) would likely be executed after trial and conviction. WTF?!?

Am I the only person left who still remembers a legal concept called presumption of innocence? Am I the only one who remembers that the whole point of a trial is that the outcome is not certain?

Listen Gibbs, do NOT insult the prosecutors who are about to work their asses off trying to put together a winning criminal case. Do NOT insult the hardworking defense counsel who are going to put thousands of hours into making sure that KSM gets due process. Do NOT insult the excellent federal judges of SDNY by suggesting that any one of them would preside over a kangaroo court. Do NOT insult our entire criminal justice system.

In a real trial, the outcome is not known before the trial occurs. Further, much of the information in the hands of the government which will be used at trial against KSM should currently be Grand Jury Material, subject to secrecy under Rule 6e. Which means that you, Robert Gibbs, cannot legally know exactly what that evidence might be.  So, how could you possibly know if KSM is going to be convicted? How do you know that?

You don’t. So stop shooting you mouth off and calling our system of justice and the dedicated professionals of both bench and bar in the Southern District of New York into disrepute.

Listen, the White House needs to back off and let the professionals handle this trial. USAO SDNY and the judges of SDNY are pros at this. David Axelrod is not. Robert Gibbs is not. People who have no clue what they are talking about, need to back out of this loop, now.

Let the AG, the US Attorney and the Chief Judge handle it. You guys go back to doing the stuff that you are good at.

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