John King: Holder Didn't Want To Admit KSM Trial Precedent Setting

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CNN's John King on Thursday claimed Attorney General Eric Holder intentionally avoided Sen. Lindsey Graham's "stumping" question during the previous day's Senate Judiciary Committtee hearing because he didn't want to admit that trying Khalid Sheikh Mohammed and other 9/11 suspects in a criminal courtroom is indeed precedent setting.

As NewsBusters reported Wednesday, Holder appeared stumped when Graham asked, "Can you give me a case in United States history where a enemy combatant caught on a battlefield was tried in civilian court?"

Speaking with WOR radio's Steve Malzberg Thursday, King said, "He knew the answer to the question. He just wasn't going to say it because...he did not want to be the one saying this is the first time we've ever done this" (15-minute audio available here, relevant section at 6:50, partial transcript follows along with embedded video of Graham-Holder exchange):

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STEVE MALZBERG, HOST: I want you to comment on this. This was Eric Holder's testimony yesterday before the Senate Judiciary committee on, you know, moving the trials of the five skunks in my view including Khalid Sheikh Mohammed to New York City. Now, Sen. Graham asked Eric Holder this. This was the Q&A. To me, this is, this is the huge headline. This is what he said about Osama bin Laden also possibly being tried in New York City if they catch him. But listen to this, cut, play the cut.

SENATOR LINDSEY GRAHAM, (R-S.C): Can you give me a case in United States history where a enemy combatant caught on a battlefield was tried in civilian court?

ERIC HOLDER, ATTORNEY GENERAL: I don't know. I'd have to look at that. I think that, you know, the determination I've made --

GRAHAM: We're making history here, Mr. Attorney General. I'll answer it for you. The answer is no.

HOLDER: Well, I think --

GRAHAM: The Ghailani case -- he was indicted for the Cole bombing before 9/11. And I didn't object to it going into federal court. But I'm telling you right now. We're making history and we're making bad history. And let me tell you why.

MALZBERG: How could the Attorney General of the United States, who said that he labored with this decision, and he went over the facts, and he studied, and he labored, and he took months, and he talked to people. How could he not know the first thing any two-bit lawyer would ask in making a decision or trying to make a decision, or advising on a decision, has this ever happened before? How could the Attorney General of the United States, first of all, six seconds of silence, and he couldn't, "I don't know, I'll have to get back to you?" How, that's question number one. And question number two is I reported on this, I did this all day yesterday. National Review, Andy McCarthy reported on this. Even NPR. But the networks, not one of them ran this sound bite. Not one of them pointed out that this is an incompetent Attorney General who couldn't answer a basic, basic question. What's your take on this?

JOHN KING, CNN: Well, let me do it in reverse order. I'll run it Sunday, there's my promise to you and we'll talk about it on "State of the Union." Here's my, I don't like to read minds. We've had this conversation in the past. But, here's my bet, 21 years Washington experience. He knew the answer to the question. He just wasn't going to say it because he did not want, he did not want to be the one saying this is the first time we've ever done this because that adds to the. Look, this is controversial. This is a big deal. This is a risk for the Administration, and it is a step that Sen. Graham and others, and Sen. Graham and listeners don't know that, is an accomplished military attorney. He still goes back in the Reserves and deals with this type of issues. Goes to Iraq and helps out over there. His point is, you know, this is why we created military justice systems. This is why it exists, when you scoop somebody off the battlefield, that is where they are tried. If you get scooped up on the streets of New York City, you are tried in New York City. Eric Holder did not want to wander down the path and add to the controversy about this. That would be my 99.9 percent bet on that one.

Fascinating.

Here's the video of the Graham-Holder exchange:

Is King right? Is that why Holder refused to answer the question?

If King's right, why aren't more media members reaching such a conclusion and asking for Holder's elaboration on the matter?

—Noel Sheppard is the Associate Editor of NewsBusters. Follow him at Facebook and Twitter.


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sneaky

Holder is dangerous to this nation, not because he's such an intellectual, up there with SEXY intellects likes Obama...no...he's dangerous because he's sneaky.  He needs to go.  And for the record...just because dumb people call you intelligent...has nothing to do with how intelligent you really are...watch Idiocracy.  Really tired of liberal smoke and mirrors.

Scary

The really scary thing is that Obama was not just campaigning when he said that he would fundamentally transform the nation. He's destroying America. I was going to rent 'The Manchurian Candidate' until i realized that I don't have to. I'm watching it in real time.

Did Holder lie under oath?

Did Holder lie under oath?

He did not admit the truth

Yes, generally. But unfortunately, Holder's testimony contains no glaring lies. It just leaves him looking incompetent, and he was willing to settle for that, for the sake of his "larger" goal.

Here's a case where lawyers think they can fight the war better than soldiers. Some lawyers think they can dispense medicine better than doctors. Some lawyers think they can conduct business better than entrepreneurs. We call these people "the Obama Administration."

The Obama

group have no issue with looking incompetent if it advances their position.  Apparently there are no consequences for stupidity.

Obama and Holder greatly overplaying their hands

Hussein Hopenchange and Holder wish to deflect attention from the disaster presidency they have created and try and embarrass Bush and Cheney.  Of course, none of KSM's confessions will be admitted if they were made during water-boarding.  They have given Constitutional rights to a foreign killer and have created a show trial where KSM and the ACLU will use every legal procedure to prolong and manipulate the system.

Obama is greatly overplaying his hand.  Americans are tired of him and have little affection or concern about a madman who killed 3000 Americans on 9-11.  Especially after the Ft. Hood shootings and Obama's PC, weak response.  Holder halted the Gitmo military tribunal where KSM had confessed and declared he wanted the death penalty.  Obama's presidency is over.  Done.  Pining for the fjords!

Angry White Dude

www.angrywhitedude.com

This is the part I like

"I hope he fails" is working like a charm. No one said it wouldn't be dangerous or painful but if the current administration keeps doing stuff like this he and they may not make it 4 years.

The baffling thing about the civil trials for the terrorists is the political backlash could put nails in the coffin of Obama's administration why would he take the risk which IMO is substantial without adequate return. This is a case where agenda triumphs not just reason but political reality. It is lose lose. Keep it coming.

"Somehow, I told you so, just doesn't quite say it." Will Smith in 'I, Robot.'

i agree.

it's a total lose-lose.  i loved holder's response to "what happens if you lose?"  he says failure is not an option - what a joke!  by nature of his own rulings he has no case!  the confession is inadmissable, as is a lot of material evidence.  new yorkers will never forgive him.

 

swing hard in case you hit it.

Dear Colonel Oliver

Dear Colonel Oliver North.  Please refresh my memory.

Is it, or is it not, against the law to LIE TO CONGRESS?

Is it a felony?

Under certain circumstance could it be considered TREASON to damage National Security interests?

Will the following administration kiss, or kick ass, of this bunch of fools?

Obama, the first "alleged" president

http://gjresult.com

 

Now why cant Lindsey Graham

Now why cant Lindsey Graham always think and act like that. Every time he comes off like a true conservative and I actually start to like the guy he turns around and will completely negate any goodwill I felt for him.

Re Lindsey

He's Jekyll and Hyde; he gets it from McCain.

AG Holder

It was fun watching both Kyl and Graham spank Holder in the Senate hearing.

But didn't Holder reply to Kyl "This terrorist, this murderer, is not going to decide where he gets tried.  I will make that decision".

He actually called KSM a "TERRORIST".  I thought the 0bama administration didn't use that kind of language? 

So that's what I saw.

Silly me, I saw that look, on Holder's face, and it looked like a deer in the headlights look to me.  Man, my bad, it was really an "I know the answer but I'm not going to tell you" look.  

Election 2008-God's way of showing us that elections count.  

I heard that interview

I heard that interview yesterday, it was somewhat surprising, refreshing.

John King is one of the few I can stand for any length of time on CNN...Dobbs was the other.

'Doubling down on stupid is not a particularly good idea'~Breitbart

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