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Perhaps a Law School Refresher is Warranted?

Much consternation has been voiced over Attorney General Eric Holder's decision to try 9/11 architect Khalid Sheikh Mohammed and four other terrorists in a civilian trial in a New York courtroom. Among the concerns:

-- It will become a circus similar to the four-year trial of Zacharias Moussaoui and give the terrorists a bully pulpit for their extremist, genocidal propaganda. 
-- It will give our enemies dangerous access to our intelligence gathering techniques and personnel.
-- It gives the terrorists constitutional rights to which they -- as non-citizens and enemy combatants -- are not entitled. Those legal rights may lead to evidence being thrown out or, God forbid, an acquittal because of legal technicalities that sharp defense attorneys may exploit.
-- It will put New York at risk for another attack.

All of these reasons are compelling to me, and at least worthy of serious discussion. The arguments made in favor of the civilian trial are much weaker. The one I heard most often repeated in the media this week goes something like this: This is our opportunity to show to the world our legal system is open, fair and just.

Except, that opportunity is available everyday in civilian courtrooms throughout the nation. Walk into any courthouse, and unless a trial is closed for a select few reasons, our justice system is on display and available for front-row viewing every workday of the year, save for holidays. To try perpetrators of a war-like attack in a military courtroom does not negate for one second the value of our civilian justice system. It remains the best in the world, but it is designed for civilians, not enemy combatants.

But here's where the hypocrisy comes in. A foundational belief of our system of jurisprudence is that the accused are innocent until proven guilty in a court of law. Clearly, KSM and his cronies have not been convicted. Now that we've given them all the rights and privileges of civilians, they are innocent. And yet ...

Holder was quoted this week: "Failure is not an option." Actually, it IS an option. It HAS TO BE an option in civilian court. That's how our system -- the one in which Holder chose to place KSM -- operates. There are no guarantees for a prosecution, no slam dunks. Just ask Marcia Clark, who unsuccessfully tried OJ Simpson on what was described as a "mountain of evidence." If the government really wanted a slam dunk, they would have stayed within the military justice system where KSM had already agreed to plead guilty.

Even more damaging is Pres. Barack Obama's comments. According to the Associated Press, Obama said those offended by the legal privileges given to Mohammed won't find it "offensive at all when he's convicted and when the death penalty is applied to him."

Excuse me, Mr. President. It's not "when." It most certainly is "if." And if the goal is to show off our superior legal system, how fair can it be if the chief legal officer of the country has already tried and convicted -- and executed -- the accused? What exactly is our message to the rest of the world? Apparently, the president didn't get the talking points memo.

To be fair, Obama back-pedaled quickly when he must have realized how legally prejudicial his comments sounded. 

"I'm not going to be in that courtroom," he said. "That's the job of the prosecutors, the judge and the jury."

Poisoned jury pool, anyone? As lawyers LOVE to say in dramatically posed arguments to judges and juries almost every single day: You can't unring the bell.
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A Different Kind of Tea Party

Do you know what a tea-bagger is? I'm not sure a lot of people in Middle America do. Heck, conservative radio talk show host Laura Ingraham admitted last night on TV to only recently learning about it.

If you watch the news, you might believe that the citizens who have come out to protest the direction of our government under Pres. Obama's administration in general and the increasing federal deficit and expected subsequent tax increases in particular are tea-baggers.

But they're not.

Yes, they call their gatherings "Tea Parties," and their inspiration is well rooted in the history and foundation of this great nation. Even elementary children know the story of the early colonists in Boston who were angry with a government across the Atlantic Ocean that sought to tax their tea. Perhaps the slogan "taxation without representation" might ring a bell? The protest -- which saw 342 chests of tea on three shipped ceremonially dumped into the harbor's waters -- was among the pivotal events that led to the Revolutionary War and the birth of this great nation.

But they were not tea-baggers -- and not because the actual tea bag had yet to be invented. 

No, the expression "tea-bagger" is slang for a sex act. Because it is important in the understanding of this column, I will explain in some (graphic) detail. The act of tea-bagging involves a man placing his scrotum on the face or in the mouth of another person and dipping it in and out, in a motion not unlike one would make with a teabag. 

While often employed in consensual acts of bondage and domination, tea-bagging is sometimes used against another's will in an act of hazing or bullying. In other words, a sexual assault. 

Make no mistake. This is not a case of "boys will be boys," although many times, a victim or his or her parents may want to sweep the memory under the rug. It is an actual crime, deserving of prosecution. How do I know? I talked to a special victims detective, and sadly, not for this article.

Two years ago, while on a junior high trip to our nation's capital, a student at my son's school tea-bagged another boy in a hotel room. The same hotel room my son was sharing with three boys. To the sleeping boy who shared the queen-sized bed with my son. The victim awoke to find genitals in his mouth. The accused spent the week playing pranks on all his roommates, and it culminated in this sexual assault. 

Boys being boys, it took a few days before news of the assault came to the attention of adults. I cannot describe the internalized rage I felt, along with the feeling of powerlessness. In talking to the Baltimore detective, I learned that my son, as a witness, could not press charges. Neither could the school itself nor even the parents of the victim. Only the targeted boy could press the issue, and that's a lot to ask of a 13-year-old.

(As an aside, the abuser was promptly expelled from school as soon as the administrators learned and investigated the incident.)

So excuse me if I don't find the left's labeling of the Tea Party demonstrators as sexual predators amusing. It is vile and has no place in political discourse. Someone on the left with a sense of decorum (if there is anyone) ought to mention this to former Pres. Clinton, who used -- and therefore legitimized -- the term earlier this week. 

The irony is that the original tea party was carried out by just 30 to 130 protesters. The modern-day tea party movement has attracted tens if not hundreds of thousands at its myriad events. You'd think that might carry some weight, at least among politicians who monitor the polls. But even a group that large finds it difficult to sway public policy despite being armed with cogent facts and on-point debate when it's been marginalized ... and lumped with sexual predators.

It needs to stop, and the request should come from every sober-thinking citizen, including those who disagree with the tea party participants. 

To those who knowingly use the term, I offer a favorite saying of my father's: You have a lot of class. All of it low.
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Um, Like, What's the Big Deal?

A funny thing happened on the way to writing a blog about desecrating the flag, I ran into this posted on Halloween:
http://www.americanchronicle.com/articles/view/126462



Yes, a whole 1,813 words complaining that a Fox guest on "Hannity" used a teleprompter. In newspaper inches, that's probably about a quarter of a page -- a full-size paper, not one of those tabloids, mind you. That's a lot of space. And I'm not counting the headline that touts that this is an "exclusive." Perhaps the conversation was not as free-flowing or candid as the writer had hoped it would be, but ... NEWS FLASH ... teleprompters are often used on television. 

They are often used by the president, who received a lot of flack during the campaign last year for a glaring lack of fluidity without a teleprompter. You can usually tell when Pres. Obama is without the teleprompter just by counting the "ums." It's a crutch, yes, but one used by the majority of people appearing on TV news programs.

There are lots of real issues posed on Fox to take up and debate. But, um, whether a guest uses a teleprompter ain't one of them.
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I'm Done!

I know, funny headline for someone just starting a blog. It's a well used phrase of mine when I get frustrated, tired or bored. Right now, I'm two out of three when it comes to politics -- it certainly has NOT been boring since Pres. Barack Obama took office.

But this is not a blog to cheer on my team. (I will not hide my affiliation, I'm staunchly conservative but respectful of the office.) This is a blog to keep BOTH sides accountable. What do I mean? I mean if you're going to lob criticisms against the other side, you better be clear of the same charges on your side. You can't criticize Pres. George W. Bush for playing golf -- and yes, Michael Moore, I'm looking at you -- and then be OK with Pres. Obama's frequent tee-ing off, which in 9 months has already surpassed all of Pres. Bush's time on the greens for his entire first term.

You can't eat your cake and have it, too (which is the correct order of that often-botched phrase, OF COURSE you can have your cake and eat it, too, how else are you going to eat it if you don't have it???). Let me say that again: You can't eat your cake and have it, too. Another cliche that fits here, if it's good for the goose, then it's good for the gander. Christians would call it taking the log out of your own eye before commenting on the speck in someone else's. I'm frustrated and tired of the double standard. From both sides. I'm done!

What pushed me over this edge? Rep. Alan Grayson, who called a female aide to Fed Chairman Ben Bernanke a "hoar" (ironically, the Town Hall blog software won't let me type the word correctly!). As far as I'm concerned -- and I don't think I'm too far out there in this opinion -- that's not a word that should be used in public discourse. I don't think it should be used privately either. As far as I'm concerned, it's like the N-word for African-Americans. To "hoar,"  I would add the C-word, whose full spelling I won't even type! They should never be used. I don't even think you should call an actual lady of the evening a "hoar!"

So where are the feminists? Where's a press release of condemnation from the National Organization for Women? Shouldn't they be protesting? I couldn't find one on their web site. Shouldn't they be enlightening the public that one should not use such offensive vocabulary to describe a woman -- any woman? There is nothing but silence. Why? Because the feminists are leftists and so is Grayson. So he gets a pass.

But he shouldn't. I believe there are absolute rights and absolute wrongs. Sure, some situations have circumstances that may shade an interpretation. But if you let only politics influence what deserves your condemnation, you're going to be blowing in whatever direction your political party's talking points memo of the day is. And you're going to eventually find yourself complaining about things your side has already done itself or will do shortly in the future. You're going to end up a big, fat hypocrite.

But now I'm going to call it out. No more free passes. I invite you, too, to find examples of two-faced-ness in your neck of the woods and post them in the comments. Because I'm fed up. I'm done!

And I'm just getting started ...
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