You know, I’ve always liked you, boy
’Cause you were not afraid of me
But things are gonna get mighty rough
Here in Gomorrah-By-The-Sea
— Don Henley, “The Garden of Allah”
By Randall GranthamCommunity Columnist
President Barack Obama’s been taking some, I believe, ill-deserved flak lately for something that seems a bit contrived. His decision to prosecute, convict and have the people behind the World Trade Center twin tower attacks sentenced to death in a New York courtroom has been the fodder of much talk show hand-wringing.
I don’t see what all the hullabaloo is about, but there seem to be two points of contention that have been getting air play. First of all, there has been a bunch of noise about the decision to try the perps in New York. It will open old wounds. It will make the families relive the horrible incident. Blah, blah, blah … I don’t get this at all.
In most murder cases the victims and the prosecution want the case brought in the venue, or geographic area, where the crime occurred. There is talk about closure and being able to confront demons, living and metaphorical. Plus, it is much more likely to result in conviction. That’s why it’s always the defense asking for “a change of venue” in order to get a fair trial.
The defense may eventually make that request, but for now it’s the people who want these murderers punished that seem to be complaining about having them face justice in the city. Is the idea of any kind of trial bothering these folks?
If they want to plead guilty when the proceedings start, that’s fine. But there is no way we can allow anyone, including our government, to simply decree certain people are guilty of whatever and declare that a trial is not even needed.
Or is it that they don’t think our government can manage to convict a few braggadocios from the Middle East who wear their hate for us and pride in destructive actions on their sleeve. Hell, we’ve convicted tons of innocent people. Convicting the truly guilty and reprehensible should be easy.
That’s why I am perplexed by the public reaction and happy that U.S. Attorney General Eric Holder is sticking to his guns on this. And for those who say why even give them a trial, we cannot, as a civilized people, even start down that road.
Secondly, Obama got some heat about, and then seemed to retreat from, his comments that these guys would be convicted and sentenced to death in a New York Federal Courtroom. These complaints about Obama seeming to indicate he thought these guys are guilty are usually followed by comments that he taught constitutional law at the University of Chicago and that “He should know better.”
The same people who are bitching and moaning about even giving them a trial, much less in the city, are the ones who are also saying, “Aren’t you pre-judging them? Aren’t they entitled to the presumption of innocence that we give people tried for crimes in these great United States?”
Sure they are. From the jury that tries them! But not from the head of the executive branch that has accused them of these crimes. Let me give you a quick constitutional law lesson. There are three branches of government: legislative that makes the laws; judicial that impartially applies the laws; and executive that enforces, prosecutes and asks the judicial branch to punish those who it believes violated the law.
The President is the tippy-top of the executive branch, which must have a good-faith belief that people violated the law before they can ask the judicial branch to punish them. What is wrong with the head of the executive branch saying, “I believe these people are guilty and should be punished?” That is actually what they are doing when they file charges against people.
To put it on a more local level that all of us who watch TV news can relate to, it’s just like Polk County Sheriff Grady Judd or Citrus County Sheriff Jeff Dawsy standing up at a press conference to condemn the actions of a suspect they just arrested. It may be a bit of showboating, but it’s not unconstitutional.
Randall C. Grantham is a lifelong resident of Lutz who practices law from his offices on Dale Mabry Highway. He can be reached at . Copyright 2009 RCG
