The latest reports speculate that President Obama has asked Holder to find another location for the trials, somewhere in the United States, just not in New York City.
Yesterday, White House spokesman Bill Burton said,
"President Obama is still committed to trying Mohammed and four other terrorist detainees in federal court."
We do not want the men tried in New York City. We do not want the men tried in Los Angeles. We do not want the men tried in Topeka, Kansas. We do not want the men tried anywhere inside of our country. Period.
A few months ago, Attorney General Holder testified before the Senate Judiciary Committee regarding his decision to hold the trials in the United States. He said,
"I am a prosecutor, and as a prosecutor my top priority was simply to select the venue where the government will have the greatest opportunity to present the strongest case in the best forum...What I told the prosecutors and what I will tell you is that failure is not an option. These are cases that have to be won. I don't expect that we will have a contrary result."
Spokesman Burton went on to say that Obama
"agrees with the attorney general's opinion that . . . he and others can be litigated successfully and securely in the United States of America, just like others have."
Correct me if I'm wrong, but aren't both President Obama and Eric Holder attorneys? If I'm right, then they know at least one thing about the American judicial system: there is zero tolerance for "expectations."
I have won cases that the prosecutors expected to be a home run; instead, they struck out and were only left wondering how their oh-so-perfect-game-plan failed.
Breaking news: Not all trials result in a guilty verdict. Sometimes, the prosecution loses. (Note the OJ Simpson trial.) Shocking, right?
The prosecution can lose a case for many reasons. The judge could decide that certain evidence cannot be used. A superstar witness could fall apart on the stand. The defense might simply have a better closing argument.
Any attorney who goes to trial based on an "expectation" alone is foolish.
Lady Justice will be at every single trial. She will ensure that any statement made as a result of torture is inadmissible. She will ensure that only the relevant evidence is heard. She will ensure that witnesses will be cross-examined by their defense attorneys.
Most importantly, Lady Justice will ensure that President Obama and Eric Holder's "expectations" have nothing to do with a judge or jury's decision on the alleged terrorists' guilt.
Follow Tamara N. Holder on Twitter: www.twitter.com/tamaraholder