The Constitution Requires Prosecutorial Failure as an Option in the case of KSM
Quick! Someone tell Constitutional scholars Holder and Obama! In the case against Khalid Sheikh Mohammed, failure is absolutely required as an option, despite their assertions to the contrary.
Doesn’t the presumption of innocence, er, presume that prosecutorial failure — acquittal, hung jury — is an option? By undermining that presumption, Holder is undermining the fairness of the trial, the demonstration of which is the alleged rationale for putting on this show in the first place.
Thank you, Charles, for pointing out the parallel universe the Justice Department, presumably at the direction of the President, is inhabiting. That’s what the people, in their collective wisdom, have been saying by a majority of two-thirds.




