Legal Hurdles

" You to put the nine elevenths suspects on trial in a federal courtroom. Brings up a lot of in arresting and vexing legal questions but least of which is the one I just closed it out talk about the Martha right -- Former senior assistant district attorney in New York Fox News legal analyst -- It's a guy wasn't seized by American law enforcement on Americans while I'm gonna go on when hearings and speculate he was never read Miranda rights. So how are idiots here is alleged confessions or admissions or any incriminating statement and apparently that's the lion's share of the evidence against -- noticeable."

" I don't think you will be but you know what I. These obviously the first time the government is thinking about this is -- right now -- studio B they look at all the evidence they've had. Don't be surprised if the dispute the prosecutor's office the US -- I was. It does not even try to offer those those statements. That they gonna build a case or have built a case that's so strong that they won't even give the defense the opportunity. To talk about waterboarding to talk about to --"

" All right so if they can't use the non marine and dies -- nations and they cannot use hearsay in a federal courtroom. What about the physical evidence they must therefore relying on -- there were no search warrants signed off by a judge in this case legally authorized so. Isn't that the physical evidence. Susceptible to challenge."

" What what would gonna be looked at as of all of you would have called a did you circumstances surrounding September 11 surrounding -- attacks on America and determining whether or not. That whatever evidence was easily she's legally again -- you agree with people's politics are not. Eric Holder of the people around them are professional attorneys professional -- well they didn't make these kinds of decisions about whether they can win this case to trial and --"

" And -- caller is Michael Mukasey. Eric -- predecessors the attorney general of the United States who also interestingly enough was the federal judge who presided. Over the trial of so called blind -- in the 93. World Trade Center bombing case. A related to that and here's what he said let's put it up on the screen. Did Department of Justice claims that are courts are well suited to the task of trying terrorists but based on my experience trying such terrorism cases. And what I saw as attorney general they are not and -- went on to say. We tried the first World Trade Center bombers in civilian courts and in return. We got 9/11. And the murder of nearly 3000. Innocent."

" As much as I respect the attorney general Casey -- personal and professional level. You have to look at the the leader of the 93 world trade some treats in a bombing was Ramzi Yousef he was -- for a judge Thomas Duffy. I'm sorry Kevin Duffy in the southern district the same court where this to these cases will be tried very jam because there was no death penalty at this at that -- for 250. Some odd years. The case went and flawlessly. Greg everyone -- know couple things number one the US attorney's -- this of this or they don't lose period a man. And the people around in the US Marshal -- Guccione is -- fighters in the nation -- police commissioner Ray Kelly will be involved as the finest in the nation. These guys I hope they don't get the death penalty you know --"

" That's what they want. That's what what is -- government and want what is to bring you heard. What Catherine reported it it one of the attorneys now says hate for Khalid Sheikh Mohammed is game changer not -- confess and plead guilty he's gonna use. Does the system he's gonna try to gain assistant to try to portrayed a terror suspects in himself as victims victims of the -- policy."

" And you these cases will be assigned to a judge who is the cream of the crop who will know how to keep the the attorneys the defense attorneys focused on the relevant issues. You're gonna have the best prosecutors on the planet earth prosecuting this case you have to give America a little bit of credit --"

" We oh we're doing -- you know that there are some sort of out of the mainstream judges even in the federal court system. -- your readiness liberal judges -- throughout today. -- present your evidence inadmissible and I'm gonna allow great leeway for these defendants I practice in the southern -- you're not gonna find too many judges. I think of the jury pool Greg is -- well in those jurors are gonna have to serve anonymously in their lives will be at risk well I mean."

" Again I'm gonna talk to the US Marshal -- Guccione is in charge of them. They going to be heroes in my opinion once they -- everybody here and they walk out of that courtroom they're gonna be heroes and --"

" We talk it is even get to whether they can find a fair and impartial jury not only in lower Manhattan where their lives are so dramatically changed it anywhere in America I guess want to leave that for another that I hope these guys get convicted I hope they suffered don't give them what they want which is a plea to the death Arthur Allen thanks thank you."