More Insanity From The Bench
(Hat-tip: Hugh Hewitt and Captain’s Quarters)
The Algerian man convicted of plotting to blow up the Los Angeles airport on the eve of the millennium was sentenced Wednesday to 22 years in prison.
Ahmed Ressam got a lighter sentence than prosecutors had requested, reflecting his cooperation in telling international investigators about the workings of terror camps in Afghanistan.
"There is no doubt about it. With this sentence, Ressam caught a bit of a break from this judge, mostly because the would-be bomber DID help the feds as an informant for many years following his arrest," said legal analyst Andrew Cohen. "I think the judge wanted to reward that behavior and he probably did."
But Ressam, 38, could have received a shorter sentence had he not stopped talking to investigators in early 2003. Prosecutors argued that his recalcitrance has jeopardized cases against two of his co-conspirators.
"This still isn't a light sentence but it is not nearly as long as a lot of people expected. Essentially, the judge gave Ressam time off in advance for his good behavior over many years of providing good information to the feds following his arrest and conviction," Cohen said.
In sentencing Ressam, U.S. District Judge John C. Coughenour said he hoped to balance U.S. resolve to punish potential terrorist acts with Ressam's cooperation. Coughenour also said he hoped to send a message that the U.S. court system works in terrorism cases.
"We did not need to use a secret military tribunal, detain the defendant indefinitely or deny the defendant the right to counsel. ... Our courts have not abandoned the commitment to the ideals that set this nation apart," he said.
Ressam was arrested in Port Angeles in December 1999 as he drove off a ferry from British Columbia with a trunk full of bomb-making materials. Prosecutors recommended a 35-year sentence; Ressam's lawyers asked for 12 1/2 years.
What sort of message did this idiotic judge just send to our enemies. From my end of the keyboard it says to me, "Come on over and blow us up, and we will give you a ‘time-out.’" The utter stupidity of this judge is apparent, and unfortunately he was appointed by Reagan. (That makes two judges that I am disappointed in that Pres. Reagan appointed.)
But that is not all. Judge Coughenour took time during his sentencing statement to admonish the nation, and the Constitution. (Emphasis mine. And yes, I do answer the simple and stupid wisdom of a judge that does not deserve to sit on any bench.)
"Okay. Let me say a few things. First of all, it will come as no surprise to anybody that this sentencing is one that I have struggled with a great deal, more than any other sentencing that I've had in the 24 years I've been on the bench.
"I've done my very best to arrive at a period of confinement that appropriately recognizes the severity of the intended offense, but also recognizes the practicalities of the parties' positions before trial and the cooperation of Mr. Ressam, even though it did terminate prematurely.
A period of confinement? Is he serious? These people are willing to blow themselves up to further their fascist goals, and they are supposed to be intimidated by the idea of incarceration? Where did Pres. Reagan find this goof-ball, Mars? This judge thinks that throwing these people in prison is going to set them straight. Sure, if the prison is the overblown Abu Ghraib or Gitmo, with all their supposed abuses, but he is going to sit in a federal penitentiary. He is going to be alive, and he will be living on our dime.
The message I would hope to convey in today's sentencing is twofold:
"First, that we have the resolve in this country to deal with the subject of terrorism and people who engage in it should be prepared to sacrifice a major portion of their life in confinement.
"Secondly, though, I would like to convey the message that our system works. We did not need to use a secret military tribunal, or detain the defendant indefinitely as an enemy combatant, or deny him the right to counsel, or invoke any proceedings beyond those guaranteed by or contrary to the United States Constitution.
This is a direct swipe at the administration, which is appropriately using the powers of the Constitution in the prosecution of this war. And I would like to point out that the rights enumerated in the Constitution applies to CITIZENS of this nation, not foreign nationals. Ressam was not a US citizen, and should have been tried in a military tribunal.
"I would suggest that the message to the world from today's sentencing is that our courts have not abandoned our commitment to the ideals that set our nation apart. We can deal with the threats to our national security without denying the accused fundamental constitutional protections.
The accused are afforded their due process rights. That is guaranteed, but if there is further speculation over his rights, refer to my previous comments above. He has none. He is guaranteed nothing, save his life. Had it been deemed that he would receive the death penalty (fat-chance in Seattle), then his life would be forfeit.
"Despite the fact that Mr. Ressam is not an American citizen and despite the fact that he entered this country intent upon killing American citizens, he received an effective, vigorous defense, and the opportunity to have his guilt or innocence determined by a jury of 12 ordinary citizens.
Hello??? Dumbass! He was not a citizen. He should not have been receiving any sort of "fair treatment" under our civilian system of justice. That is for us, not animals like himself. This is positively disgusting that a sitting judge on the federal bench even entertained the idea that this man deserved the same rights we possess.
"Most importantly, all of this occurred in the sunlight of a public trial. There were no secret proceedings, no indefinite detention, no denial of counsel.
A tribunal is secret for a simple reason. We do not need to know what is occurring there, and many people in this nation would not begin to understand it. If these sorts of arguments had been made over POWs in wars past, this judge would be off the bench in a heartbeat. These people are combatants in a war. In Ressam's case, and in the 99.9% of others we have in custody--like those at Gitmo--these "soldiers" are illegal combatants. No nation accepts them. No nation condones them. They do not operate in a uniform at the behest of any nation. These people require a tribunal, not a US court proceeding with 12 of his peers; people, I might add, that he sees as infidels.
"The tragedy of September 11th shook our sense of security and made us realize that we, too, are vulnerable to acts of terrorism.
"Unfortunately, some believe that this threat renders our Constitution obsolete. This is a Constitution for which men and women have died and continue to die and which has made us a model among nations. If that view is allowed to prevail, the terrorists will have won.
"It is my sworn duty, and as long as there is breath in my body I'll perform it, to support and defend the Constitution of the United States. We will be in recess."
Yes, it is your job to uphold the Constitution, and pardon me for being blunt, but you have done a piss-poor job. By accepting that this man has rights under our system of justice, this has set, once again, a dangerous precedent. What is to stop any future bombers, like Ressam, that if caught, he is bestowed the rights that are not afforded to them. More specific, and to the point, unless you are a US citizen, the Constitution is off limits to you.
That is inherent. This is the reason for the Fourteenth Amendment, and the reason the word "citizen" is used within it. It applies only to us. It does not apply to someone from Mexico or Canada; France or Great Britain; Jordan, Egypt, Iraq, or Syria, etc. These people can be denied any such recognition in our courts. In the event of a crime being committed, they can be deported, and told never to return. We could take even more steps, provided the Congress institutes courts "inferior to the supreme Court" to deal with such cases. But we are not going to do that.
Ressam is a terrorist. He had plans to cause the loss of a lot of innocent lives. This animal should have never been given a trial in our justice system. And as for this poor excuse of a sentence (he was originally looking at 130 years before he started cooperating with federal investigators), the sentence is too long.
The sentence should have been just long enough to march him outside to the back of the courthouse, and crush his worthless skull against the wall.
The Bunny ;)
(Hat-tip: Hugh Hewitt and Captain’s Quarters)
The Algerian man convicted of plotting to blow up the Los Angeles airport on the eve of the millennium was sentenced Wednesday to 22 years in prison.
Ahmed Ressam got a lighter sentence than prosecutors had requested, reflecting his cooperation in telling international investigators about the workings of terror camps in Afghanistan.
"There is no doubt about it. With this sentence, Ressam caught a bit of a break from this judge, mostly because the would-be bomber DID help the feds as an informant for many years following his arrest," said legal analyst Andrew Cohen. "I think the judge wanted to reward that behavior and he probably did."
But Ressam, 38, could have received a shorter sentence had he not stopped talking to investigators in early 2003. Prosecutors argued that his recalcitrance has jeopardized cases against two of his co-conspirators.
"This still isn't a light sentence but it is not nearly as long as a lot of people expected. Essentially, the judge gave Ressam time off in advance for his good behavior over many years of providing good information to the feds following his arrest and conviction," Cohen said.
In sentencing Ressam, U.S. District Judge John C. Coughenour said he hoped to balance U.S. resolve to punish potential terrorist acts with Ressam's cooperation. Coughenour also said he hoped to send a message that the U.S. court system works in terrorism cases.
"We did not need to use a secret military tribunal, detain the defendant indefinitely or deny the defendant the right to counsel. ... Our courts have not abandoned the commitment to the ideals that set this nation apart," he said.
Ressam was arrested in Port Angeles in December 1999 as he drove off a ferry from British Columbia with a trunk full of bomb-making materials. Prosecutors recommended a 35-year sentence; Ressam's lawyers asked for 12 1/2 years.
What sort of message did this idiotic judge just send to our enemies. From my end of the keyboard it says to me, "Come on over and blow us up, and we will give you a ‘time-out.’" The utter stupidity of this judge is apparent, and unfortunately he was appointed by Reagan. (That makes two judges that I am disappointed in that Pres. Reagan appointed.)
But that is not all. Judge Coughenour took time during his sentencing statement to admonish the nation, and the Constitution. (Emphasis mine. And yes, I do answer the simple and stupid wisdom of a judge that does not deserve to sit on any bench.)
"Okay. Let me say a few things. First of all, it will come as no surprise to anybody that this sentencing is one that I have struggled with a great deal, more than any other sentencing that I've had in the 24 years I've been on the bench.
"I've done my very best to arrive at a period of confinement that appropriately recognizes the severity of the intended offense, but also recognizes the practicalities of the parties' positions before trial and the cooperation of Mr. Ressam, even though it did terminate prematurely.
A period of confinement? Is he serious? These people are willing to blow themselves up to further their fascist goals, and they are supposed to be intimidated by the idea of incarceration? Where did Pres. Reagan find this goof-ball, Mars? This judge thinks that throwing these people in prison is going to set them straight. Sure, if the prison is the overblown Abu Ghraib or Gitmo, with all their supposed abuses, but he is going to sit in a federal penitentiary. He is going to be alive, and he will be living on our dime.
The message I would hope to convey in today's sentencing is twofold:
"First, that we have the resolve in this country to deal with the subject of terrorism and people who engage in it should be prepared to sacrifice a major portion of their life in confinement.
"Secondly, though, I would like to convey the message that our system works. We did not need to use a secret military tribunal, or detain the defendant indefinitely as an enemy combatant, or deny him the right to counsel, or invoke any proceedings beyond those guaranteed by or contrary to the United States Constitution.
This is a direct swipe at the administration, which is appropriately using the powers of the Constitution in the prosecution of this war. And I would like to point out that the rights enumerated in the Constitution applies to CITIZENS of this nation, not foreign nationals. Ressam was not a US citizen, and should have been tried in a military tribunal.
"I would suggest that the message to the world from today's sentencing is that our courts have not abandoned our commitment to the ideals that set our nation apart. We can deal with the threats to our national security without denying the accused fundamental constitutional protections.
The accused are afforded their due process rights. That is guaranteed, but if there is further speculation over his rights, refer to my previous comments above. He has none. He is guaranteed nothing, save his life. Had it been deemed that he would receive the death penalty (fat-chance in Seattle), then his life would be forfeit.
"Despite the fact that Mr. Ressam is not an American citizen and despite the fact that he entered this country intent upon killing American citizens, he received an effective, vigorous defense, and the opportunity to have his guilt or innocence determined by a jury of 12 ordinary citizens.
Hello??? Dumbass! He was not a citizen. He should not have been receiving any sort of "fair treatment" under our civilian system of justice. That is for us, not animals like himself. This is positively disgusting that a sitting judge on the federal bench even entertained the idea that this man deserved the same rights we possess.
"Most importantly, all of this occurred in the sunlight of a public trial. There were no secret proceedings, no indefinite detention, no denial of counsel.
A tribunal is secret for a simple reason. We do not need to know what is occurring there, and many people in this nation would not begin to understand it. If these sorts of arguments had been made over POWs in wars past, this judge would be off the bench in a heartbeat. These people are combatants in a war. In Ressam's case, and in the 99.9% of others we have in custody--like those at Gitmo--these "soldiers" are illegal combatants. No nation accepts them. No nation condones them. They do not operate in a uniform at the behest of any nation. These people require a tribunal, not a US court proceeding with 12 of his peers; people, I might add, that he sees as infidels.
"The tragedy of September 11th shook our sense of security and made us realize that we, too, are vulnerable to acts of terrorism.
"Unfortunately, some believe that this threat renders our Constitution obsolete. This is a Constitution for which men and women have died and continue to die and which has made us a model among nations. If that view is allowed to prevail, the terrorists will have won.
"It is my sworn duty, and as long as there is breath in my body I'll perform it, to support and defend the Constitution of the United States. We will be in recess."
Yes, it is your job to uphold the Constitution, and pardon me for being blunt, but you have done a piss-poor job. By accepting that this man has rights under our system of justice, this has set, once again, a dangerous precedent. What is to stop any future bombers, like Ressam, that if caught, he is bestowed the rights that are not afforded to them. More specific, and to the point, unless you are a US citizen, the Constitution is off limits to you.
That is inherent. This is the reason for the Fourteenth Amendment, and the reason the word "citizen" is used within it. It applies only to us. It does not apply to someone from Mexico or Canada; France or Great Britain; Jordan, Egypt, Iraq, or Syria, etc. These people can be denied any such recognition in our courts. In the event of a crime being committed, they can be deported, and told never to return. We could take even more steps, provided the Congress institutes courts "inferior to the supreme Court" to deal with such cases. But we are not going to do that.
Ressam is a terrorist. He had plans to cause the loss of a lot of innocent lives. This animal should have never been given a trial in our justice system. And as for this poor excuse of a sentence (he was originally looking at 130 years before he started cooperating with federal investigators), the sentence is too long.
The sentence should have been just long enough to march him outside to the back of the courthouse, and crush his worthless skull against the wall.
The Bunny ;)
posted by Syd And Vaughn | 5:28 PM
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