NYTIMES: Determining Venue for Terror Trial Is a Case in Itself:
"Some lawyers believe a judge might consent to move the trial of Khalid Shaikh Mohammed from Manhattan, but such an outcome is not guaranteed."
Since the government’s announcement that Khalid Shaikh Mohammed would be tried with others in Manhattan in connection with the 9/11 attacks, some lawyers and others have expressed skepticism that such a trial will ever be held in the city.
They are confident that defense lawyers will ask that the trial be moved, and believe that a judge might even consent.
But a review of previous terrorism trials and interviews with lawyers involved in those cases and other legal experts show that such an outcome is hardly guaranteed.
Federal juries in Manhattan, for instance, have not imposed the death penalty against any of the six defendants who could have received it since the federal death penalty was reinstated some two decades ago.
Lawyers for Mr. Mohammed could well calculate that their greatest legal obligation is not to win acquittal but to save his life, and that there is no better place to try to do that than in a Manhattan federal courtroom.
As well, judges have been reluctant to order cases moved, ruling that careful pretrial questioning can weed out jurors who are not impartial. In a case in 2002, a lawyer in Federal District Court in Manhattan sought a change of venue for a suspected aide to Osama bin Laden who had been charged with stabbing a jail guard. The lawyer, Richard B. Lind, said he was convinced that his client could not get a fair trial in Manhattan so soon after 9/11.
Mr. Lind had surveys conducted in New York and five other jurisdictions in January 2002. The results showed that 58 percent of New Yorkers had been “personally affected” by the attacks — from losing family members or friends to having their work disrupted — more than double the average of those in the other areas. “There is a tidal wave of public passion” in New York, Mr. Lind wrote.
But the judge, Deborah A. Batts, rejected the request, citing other survey evidence showing that levels of bias were not much different elsewhere.
OBAMA AND HOLDER OPENED A FURHREEKIN' CAN OF FREAKIN' WORMS!
THEY'RE EITHER EFFIN' MORONS, OR THEY KNEW THIS WOULD HAPPEN AND THEY DID IT ANYWAY - HARDLY A PATRIOTIC THING TO DO...
BUT PERHAPS TO BE EXPECTED IF OBAMA REALLY IS A CRYPTO-MUSLIM...
AND DUE TO THE FACT THAT HOLDER AND HIS ASSISTANTS WERE DOING PRO-BONO WORK FOR GITMO DETAINEES BEFORE OBAMA SELECTED THEM FOR HIS DOJ.
PERHAPS THEY WANT KSM AND HIS COMRADES RELEASED - AND BUSH BLAMED.
YES. THAT' MUST BE IT: IT'S THE SIMPLEST EXPLANATION.