I stumbled around making this case earlier this morning, but Andy McCarthy makes it quite succinctly:

In a meeting with the press in China, President Obama said that Khalid Sheikh Mohammed would be “convicted” and had “the death penalty applied to him” . . . and then said he wasn’t “pre-judging” the case. He made the second statement after it was pointed out to him — by NBC’s Chuck Todd — that the first statement would be taken as the president’s interfering in the trial process. Obama said that wasn’t his intention. I’m sure it wasn’t — he’s trying to contain the political damage caused by his decision — but that won’t matter. He has given the defense its first motion that the executive branch, indeed the president himself, is tainting the jury pool. Nice work.

He either gets a fair trial or he doesn’t. What is this, The Ox Bow Incident?

I’m all for stringing him up and making him dance at the end of a rope, but I thought this was supposed to show how compassionate and merciful we are. Now President Obama is fouling the jury pool by recalling the famous line by a prospective juror during empanelment at the Robert Chambers trial: “The creep should fry.”

If we do throw a necktie party for KSM and his merry men, may I suggest this venue? It’s nearby the scene of the crime, and the Christian iconography is sure to inflame Muslim sentiments.

Trinity Church, Wall Street, New York City

Not to be a bore, but I underestimated Eric Holder. If KSM walks or gets sprung on a technicality (one of the bills of rights, pick any), he’s got it all figured out:

Sen. Charles Grassley, R-Iowa: “I don’t think you can say that failure to convict is not an option, when we have juries in this country.”

Attorney General Eric Holder: I have thought about that possibility. Congress has passed legislation that would not allow the release of these individuals in this country. If there is not a successful conclusion to this trial, that would not mean that this person would be released into this country…

Grassley: My understanding is that if for some reason he’s not convicted, or a judge lets him off on a technicallity, he’ll be an enemy combatant, so you’re right back where you started.

Guilty, he dies; innocent, he rots in jail. That’s the Chicago way.

I mean it more every time I say it: toss those Free Mumia t-shirts and posters and get yourself a “Free Khalid” mouse pad or coffee mug.

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