I think it is the most likely outcome, but I hope not. The best way to deal with potential martyrs is a long and silent life behind bars, and they are all potential martyrs.
From your link it says that the prosecution can appeal a not guilty verdict on grounds of fraud or when the Judge makes a judgment notwithstanding the verdict.
I think CoolHandCox has it right that the US government will probably claim KSM is an enemy combatant if he is found not guilty. They won’t need to waste time with appeals.
If they somehow can’t get away with that, a more drastic measure would be to have Congress suspend the writ of habeas corpus for KSM. Then the US gov’t will be able to hold him for as long as it wants.
I was about to say they couldn’t do that, but it turns out that the Constitution does allow for an exception in cases of rebellion or invasion, and I guess that I can grant that the 9-11 attacks can be construed as “invasion”.
The snob appeal of the law school attended has nothing to do with the quality of the lawyer produced. Everybody in a particular jurisdiction takes the same bar exam.
And, for Chronos, I don’t think the feds could plausibly argue the attacks of 9/11/01 constitute an “invasion” sufficient to justify suspending the writ of habeas corpus in 2009+.
Well, now, if you want to join in on a chorus of “Working Class Hero”, I’m there…
But tell me the truth: if you had to pick a lawyer that you really, really need, and all you get to pick from is the law school, you wouldn’t be a tad reluctant about Liberty University? Lynchburg? Jerry Falwel? Wouldn’t give you pause?
I wouldn’t pick a lawyer from Liberty for other reasons. I tend to not get along with bible thumpers.
And if my ass was on the line, I’d go with somebody I know and respect. That list includes mostly guys from non-ivy league schools. You can’t learn to try cases in law school. You learn to try cases by trying cases. Some of the best criminal defense guys in the business are the guys that graduated “Thank you, Lordy” from third tier schools, squeaked by on the bar, and then spent a few years in public defender jobs.
Well, thats as may be. But I still harbor an unworthy suspicion that these people were mostly recruited for thier ideological reliability. Now, if you are determined to believe otherwise, I reckon that’s ok too.
They punted on that one. Can’t remember which case it was (Hamdan or Hamdi or something like that), but they did rule that “indefinite detention” was unconstitutional. Thing is, they said the prez had some discretion as to how long he could hold them, it just couldn’t be “forever”. They didn’t say what the trigger was, though. So he can hold them for some period of time to be determined by some later court case, I presume.
IIRC, they could be held “until cessation of hostilities”. Of course, in this case, that’s pretty much the same thing as not defining a trigger at all.