Take Me To Post Comment Form The Mayor, The Police Commissioner and the Constitution.
No, that's not the beginning of some dumb joke about walking into a bar. It is a reminder to the noise machine currently blustering about the 9/11 trials that Attorney GeneralHolder announced will take place in New York.

I don't know what flavor of Kool Aid Rudy Giuliani has been drinking lately but just a few years ago he was a strong supporter of terror trials in New York. Now he appears to be scurrying to the farright as fast as he can. I don't think it will do his political future much good. Any tea-party approved opponent of Mayor Giuliani will just have to whip out those New York Gay Pride photos of the then-mayor in drag.

The fact is that the current mayor Michael Bloomberg and police commissioner of the city of New York Raymond Kelly, both support the idea of holding the 9/11 trials in their city. I happen to think their opinions are infinitely more informed and objective than those of Fox News personalities like Karl Rove who called the trials a plot hatched by left-wing lawyers who do not love America.

But the final arbiter of it all is the United States Constitution, specifically article 3 section 2.

It really is a shame that so many of the people who profess to be "strict constructionists" of the constitution, really don't believe in it. Read the constitution yourself. The right to a jury trial is not dependent on being an American citizen. The right to a jury trial includes the right to have that trial take place in the location where the crime was committed.

Yes, 9/11 was a heinous crime. But from a legal standpoint, it is no different than someone sneaking across the border, robbing a bank, and killing people in the process. Right wingers are trying to make some kind of political hay out of this. In the best tradition of fear mongering and mushroom clouds over Chicago, they warn of the dire consequences. Terrorists will target New York anew. As you listen to their arguments, one thing becomes crystal clear. The constitution is never mentioned.

Khalid Sheikh Mohammad and others will be moved from Guantanomo and tried in civilian federal courts. This is as it should be. As far as I am concerned, the hatred of America comes from those who would claim otherwise. Every elected official takes an oath to preserve, protect and defend the Constitution of the United States. It is sad that so many on the right would toss the constitution into the trash can in a feeble attempt to gain temporary political advantage.

Opposing opinions are welcome. There is only one requirement. Please cite the article, amendment or section of the constitution that backs up your opinion. thanks...



Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.