# If Khalid Sheikh Mohammed Is Acquitted Will He Be Released? **URL:** \ **Category:** Great Debates\ **Created:** [November 16, 2009, 5:08pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791 "2009-11-16T17:08:13Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 16, 2009, 5:08pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/1 "2009-11-16T17:08:13Z")
Here’s [an exchange](http://blogs.abcnews.com/politicalpunch/2009/06/todays-qs-for-os-wh-692009.html) between White House Press Secretary Robert Gibbs and ABC Senior WH Correspondent Jake Tapper: > [@](#): > > TAPPER: Two questions about developments today. One regarding the Ghailani trial – him being flown to the United States – if any of the detainees who are brought to trial through the U.S. criminal courts, or even through military commissions – if any of them are found not guilty, will the administration let them free? > > GIBBS: Well, I’m not going to get into hypotheticals about… > > TAPPER: Forget the military commissions. > > GIBBS: I’m not going to get into hypotheticals about the court cases either. > > TAPPER: Well, this is an important part of – you’re talking about a credible justice system; bringing these people to justice. You’ve spoken at great length about this – the president has. If they are found not guilty, will they be found… > > GIBBS: Well, let’s discuss that if it ever comes to fruition. > > TAPPER: But isn’t that what is underlying a credible justice system? The idea that if you’re found not guilty, you’ll be free? > > GIBBS: Sure. > > TAPPER: So… > > GIBBS: But I’m not going to get into hypotheticals about how certain cases may or may not play out. > > TAPPER: So you’re not willing to commit to freeing people if they’re found not guilty? > > GIBBS: I’m not willing to get into playing hypothetical games. > > TAPPER: It’s not a game, Robert. It’s a question about the credibility of a justice system. > > MAJOR GARRETT, FOX NEWS: Just the principle of it. > > GIBBS: No, it’s – I’m not debating legal principles. I’m just not getting into the hypothetical back and forth of what happens on a case. > > TAPPER: OK. So the Obama administration is refusing to say that if someone is found not guilty, they will be set free? > > GIBBS: Jake, I am not going to get into the hypotheticals about specific outcomes of cases. > > TAPPER: I’m not asking you to talk about a specific case. I’m talking about in general. > > GARRETT: For all the detainees brought to the system – into this system of justice, which this administration said can and has in the past handled adequately – more than adequately, according to your talking points this morning, the terrorism cases brought before it in whatever venue – if that justice system, which the administration says should be trusted, renders a verdict of not guilty, is that person released? > > GIBBS: We will talk about what happens about a verdict when a verdict comes. > > TAPPER: Well, then how is the world supposed to have any confidence that this new system of justice that you guys are ensuring is going to be the case with detainees, is actually credible? > > GIBBS: We think the Southern District of New York has a very good record, as it relates to trying and convicting terror suspects. > > TAPPER: I believe what your – the facts sheet said this morning – was that it has a 90 percent success rate. > > GIBBS: I think 90 is pretty good. > > TAPPER: I’m not questioning whether 90’s pretty good. I’m asking you about the 10 percent. > > GIBBS: And I’m, in this specific case, not going to get into those hypotheticals. Granted: Gibbs is not Obama. But it seems to me that based on one of the cornerstones of Obama’s campaign promises, the answer to this question should be pretty easy. My reaction is that Gibbs is dodging it because President Obama has no intention of releasing Khalid Sheikh Mohammed if there’s an acquittal. ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [November 16, 2009, 5:18pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/2 "2009-11-16T17:18:13Z")
Project much? :dubious: The hypothetical is the acquittal itself. Not gonna happen, no matter how many rights and procedures your guy Gonzales decided to ignore. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [November 16, 2009, 5:28pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/3 "2009-11-16T17:28:58Z")
> [@ElvisL1ves](#): > > Project much? :dubious: > > The hypothetical is the acquittal itself. Not gonna happen, no matter how many rights and procedures your guy Gonzales decided to ignore. If it’s not going to happen, then why have the trial? Jack Reed (D-RI) noted this weekend on Chris Wallace’s show that we could still detain them if they are found not guilty because they are a danger to the US. He’s not Obama, but he’s got a law degree from Harvard, so he should have some knowledge about the legal system. ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [November 16, 2009, 5:31pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/4 "2009-11-16T17:31:39Z")
> [@Bricker](#): > > But it seems to me that based on one of the cornerstones of Obama’s campaign promises, the answer to this question should be pretty easy. My reaction is that Gibbs is dodging it because President Obama has no intention of releasing Khalid Sheikh Mohammed if there’s an acquittal. I’m not sure I’m following the first point – I know that Obama said he wanted to put terrorists on trial, but I’m not aware of a “cornerstone” campaign promise that acquitted terrorists would be freed. Can you clarify? ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [November 16, 2009, 5:34pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/5 "2009-11-16T17:34:44Z")
He’s going to be convicted. But that aside, they would get killed in the press and public sphere for either answer - “he will be released if acquitted” or “he will be kept in U.S. custody if acquitted” - so Gibbs won’t answer the question. That’s too bad but I hold the public partly responsible, not just the administration. You might remember that a year ago, most people were in favor of closing the Guantanamo camp, but as soon as the idea of moving them to U.S. prisons came up, a lot of people lost interest. Same thing here. If he were really acquitted, I expect he would be sent to a country that would keep him under more or less permanent house arrest, probably with quiet U.S. help. ---
**Author:** ![Alessan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alessan/32/465_2.png) [@Alessan](https://boards.straightdope.com/u/Alessan)\ **Post date:** [November 16, 2009, 5:37pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/6 "2009-11-16T17:37:06Z")
Isn’t freeing someone found innocent sort of implied by the word “trial”? Otherwise, the trial would be a travesty of a mockery of a sham of a mockery of a travesty of two mockeries of a sham. ---
**Author:** ![Dick\_Dastardly](https://avatars.discourse-cdn.com/v4/letter/d/c4cdca/32.png) [@Dick\_Dastardly](https://boards.straightdope.com/u/Dick_Dastardly)\ **Post date:** [November 16, 2009, 5:43pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/7 "2009-11-16T17:43:23Z")
He’s going to plead guilty. They’re not going to put anybody on trial that might be found innocent, this issue is just more manufactured outrage from the right. This is just part of the GOP/Fox News attempt to terrorise Americans over the prospect of “letting these people into the country”, etc. etc. The GOP are using terrorist tactics on their own people either for cynical political ends or because they don’t have faith in the institutions of democracy and would prefer a more authoritarian system. Probably a bit of both. ---
**Author:** ![gonzomax](https://avatars.discourse-cdn.com/v4/letter/g/e8c25b/32.png) [@gonzomax](https://boards.straightdope.com/u/gonzomax)\ **Post date:** [November 16, 2009, 5:45pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/8 "2009-11-16T17:45:33Z")
I am sure legal experts went over the evidence carefully before they decided to do the right thing. You can not take the political ramifications out of having a trial. They have to find him guilty.I am sure they will. At last a little sunlight will fall on our mistreatment of suspected terrorists. ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [November 16, 2009, 5:49pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/9 "2009-11-16T17:49:22Z")
> [@John\_Mace](#): > > If it’s not going to happen, then why have the trial? We have trials for people who are obviously going to be convicted entirely routinely. It’s part of being a nation of laws, not of people, and showing the world and ourselves that that is so. The last administration couldn’t be arsed, of course. > [@](#): > > Jack Reed (D-RI) noted this weekend on Chris Wallace’s show that we could still detain them if they are found not guilty because they are a danger to the US. Under what law? > [@](#): > > He’s not Obama, but he’s got a law degree from Harvard, so he should have some knowledge about the legal system. He’s a politician now, and can be expected to speak like one. Bush’s Harvard MBA didn’t mean he knew anything about management, ftr. **gonzomax** is right - there probably wouldn’t be a trial if the evidence weren’t going to be admissible. ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [November 16, 2009, 5:52pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/10 "2009-11-16T17:52:44Z")
> [@Dick\_Dastardly](#): > > He’s going to plead guilty. They’re not going to put anybody on trial that might be found innocent, this issue is just more manufactured outrage from the right. This is just part of the GOP/Fox News attempt to terrorise Americans over the prospect of “letting these people into the country”, etc. etc. The GOP are using terrorist tactics on their own people either for cynical political ends or because they don’t have faith in the institutions of democracy and would prefer a more authoritarian system. Probably a bit of both. Bullshit. It’s a perfectly legitimate issue, with significant legal ramifications. Obama is going all-in on this one. Granted, he’s holding a strong hand, but there is a real chance that one or more defendants could be found not guilty. The time to plan for that possibility is now. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 16, 2009, 5:57pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/11 "2009-11-16T17:57:25Z")
> [@Dick\_Dastardly](#): > > He’s going to plead guilty. They’re not going to put anybody on trial that might be found innocent, this issue is just more manufactured outrage from the right. We won’t put him on trial if there’s a chance he might actually be acquitted. And this is manufactured outrage from the **Right**? Um… huh? ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [November 16, 2009, 5:58pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/12 "2009-11-16T17:58:37Z")
The “manufactured outrage” is about his being released. The crap you were peddling in your OP, if you’ll recall. Sheesh. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 16, 2009, 6:00pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/13 "2009-11-16T18:00:34Z")
> [@Ravenman](#): > > I’m not sure I’m following the first point – I know that Obama said he wanted to put terrorists on trial, but I’m not aware of a “cornerstone” campaign promise that acquitted terrorists would be freed. Can you clarify? It certainly seemed to me that this was a cornerstone of Candidate Obama’s criticism of the Bush administration’s handling of Gitmo detainees. Along with the actual closing of the base prison, which as **Marley23** notes seems to have died a quiet death too. ---
**Author:** ![Rhythmdvl](https://avatars.discourse-cdn.com/v4/letter/r/85f322/32.png) [@Rhythmdvl](https://boards.straightdope.com/u/Rhythmdvl)\ **Post date:** [November 16, 2009, 6:00pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/14 "2009-11-16T18:00:55Z")
> [@Dick\_Dastardly](#): > > This is just part of the GOP/Fox News attempt to terrorise Americans over the prospect of “letting these people into the country”, etc. etc. I’m confused. Is he a citizen? Does he have residency? If he’s acquitted, who is claiming that he’ll get twenty bucks and a Greyhound Bus ticket? This says nothing about releasing him to X, Y, or Z _other_country, but is there a serious suggestion that an acquittal would see him released into the US? ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [November 16, 2009, 6:05pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/15 "2009-11-16T18:05:15Z")
> [@Bricker](#): > > It certainly seemed to me that this was a cornerstone Your OP was based on that claim. You need to support it. Put up or shut up. You know the drill. ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [November 16, 2009, 6:07pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/16 "2009-11-16T18:07:11Z")
The question was also raised in the “Live from New York” thread, with a twist. As KSM’s defense counsel, what exactly do you ask for in the event of a not guilty verdict? You don’t want your guy released on the spot, he likely would not make it to the end of the block. Still, you’re going to have to demand his release somehow…under some condition. Law students are going to be studying various parts of this case for the next century. Maybe longer. ---
**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\ **Post date:** [November 16, 2009, 6:10pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/17 "2009-11-16T18:10:22Z")
The manufactured outrage would come, a few moments after Gibbs’ admission that yes, there is a possibilty of this defendant going free if found not guilty, in the form of a screamer headline reading OBAMA: ‘MAY FREE’ TERRORIST MASTERMIND OF 9/11 That said, words cannot adequately describe my loathing for the “won’t discuss hypotheticals” trope, and it’s very saddening to hear that coming from Obama’s mouthpiece. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 16, 2009, 6:11pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/18 "2009-11-16T18:11:50Z")
> [@Bricker](#): > > It certainly seemed to me that this was a cornerstone of Candidate Obama’s criticism of the Bush administration’s handling of Gitmo detainees. Along with the actual closing of the base prison, which as **Marley23** notes seems to have died a quiet death too. > [@](#): > > The first step to reclaiming America’s standing in the world has to be closing this facility. As president, Barack Obama will close the detention facility at Guantanamo. **He will reject the Military Commissions Act, which allowed the U.S. to circumvent Geneva Conventions in the handling of detainees. He will develop a fair and thorough process based on the Uniform Code of Military Justice to distinguish between those prisoners who should be prosecuted for their crimes, those who can’t be prosecuted but who can be held in a manner consistent with the laws of war, and those who should be released or transferred to their home countries.** > . > . > . > Barack Obama strongly supports bipartisan efforts to restore habeas rights. He firmly believes that those who pose a danger to this country should be swiftly tried and brought to justice, but those who do not should have sufficient due process to ensure that we are not wrongfully denying them their liberty. From [this PDF.](http://www.barackobama.com/pdf/CounterterrorismFactSheet.pdf) Granted, there is no mention of “cornerstone.” :rolleyes: So perhaps it was simply an ordinary promise, utterly forgettable after the election, and not a “cornerstone” promise as I thought, which status would of course meant it would actually be remembered and executed. ---
**Author:** ![mswas](https://avatars.discourse-cdn.com/v4/letter/m/e99b99/32.png) [@mswas](https://boards.straightdope.com/u/mswas)\ **Post date:** [November 16, 2009, 6:14pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/19 "2009-11-16T18:14:43Z")
Gibbs just didn’t want to provide them with another bullshit headline. He knew that he’d be pitted by the press for being evasive and vague, but that’s better than. “Obama administration plans to free the mastermind of 9/11!!!” that would be the cover story in the New York Post if he’d answered the question. ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [November 16, 2009, 6:22pm UTC](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791/20 "2009-11-16T18:22:23Z")
> [@Bricker](#): > > Granted, there is no mention of “cornerstone.” :rolleyes: Nor was that the key word. :rolleyes: You were expressing outrage at the notion that this President might have a commitment to following the law. Now THAT deserves all the :rolleyes:'s the SDMB’s servers can handle. > [@](#): > > So perhaps it was simply an ordinary promise, utterly forgettable after the election, and not a “cornerstone” promise as I thought, which status would of course meant it would actually be remembered and executed. Do you even fucking read your own cites? [Next page](https://boards.straightdope.com/t/if-khalid-sheikh-mohammed-is-acquitted-will-he-be-released/517791.md?page=2)