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THIS WEEK'S COVER TOPIC: Mohammed Trial, by Charles Krauthammer
Travesty in New York, endangering U.S. security
For late-19th-century anarchists, ter- days, a copy of that list reached bin Laden in egregious war crime, receive the special pro-
rorism was the “propaganda of the Khartoum,” wrote former At orney General tections and constitutional niceties of a civil-
deed.” And the most successful pro- Michael Mukasey, the presiding judge at that ian courtroom, while he who attacked a war- TOPIC INDEX
paganda-by-deed in history was 9/11 — not trial, “let ing him know that his connection to ship is relegated to a military tribunal?
December 2, 2009
just the most destructive, but the most spec- that case had been discovered.”
Moreover, the incentive offered any ji- Afghanistan
tacular and telegenic.
hadi is as ir esistible as it is perverse: Kil as Blankley (26)
many civilians as possible on American soil Lee (27)
AND NOW its self-proclaimed architect,
and Holder wil give you Miranda rights, a Answer Man
Khalid Sheik Mohammed, has been given by
lawyer, a propaganda platform — everything Seamans (14)
the Obama administration a civilian trial in
but your own blog.
New York. Just as the memory fades, 9/11
Alternatively, Holder tried to make the Christians
has been granted a second life — and KSM, Krauthammer
case that he chose a civilian New York trial Murchison (23)
a second act: “9/11, The Director’s Cut,” nar-
as a more likely venue for securing a con- Cyber War
ration by KSM.
viction. An absurdity: By the time Obama Bay (27)
September 11, 2001 had to speak for it-
FINALLY, there’s the moral logic. It’s came to office, KSM was ready to go before Lambro (12)
self. A decade later, the deed wil be given not as if Holder opposes military commis- a military commission, plead guilty and be Diversity
voice. KSM has gratuitously been presented sions on principle. On the same day he sent executed. It’s Obama who blocked a process Coulter (7)
with the greatest propaganda platform imag- KSM to a civilian trial in New York, Holder that would have yielded the swiftest and most Economy
inable — a civilian trial in the media capital announced he was sending Abd al Rahim al certain justice.
of the world — from which to proclaim the Nashiri, mastermind of the attack on the USS
Indeed, the perfect justice. Whenever a ji- Buchanan (24)
glory of jihad and the criminality of infidel Cole, to a military tribunal.
hadist volunteers for martyrdom, we should Energy
By what logic? In his congressional tes- grant his wish. Instead, this one, the most Will (13)
So why is Attorney General Eric Holder timony Wednesday, Holder was utterly in- murderous and unrepentant of al , gets to Freedoms
doing this? Ostensibly, to demonstrate to the coherent in trying to explain. In his Nov. 13 dance and declaim at the scene of his crime.
world the superiority of our system where news conference, he seemed to be saying that
the rule of law and the fair trial reign.
if you at ack a civilian target, as in 9/11, you
HOLDER himself told the Washington Health Care
Real y? What happens if KSM (and his get a civilian trial; a military target like the Post that the coming New York trial wil be Charen (10)
co-defendants) “do not get convicted,” asked Cole, and you get a military tribunal.
“the trial of the century.” The last such was Elder (11)
Senate Judiciary Committee member Herb
What a perverse moral calculus. Which is the trial of O.J. Simpson.
Kohl. “Failure is not an option,” replied the war crime — an attack on defenseless ci-
Holder. Not an option? Doesn’t the presump- vilians or an at ack on a military target such
November 20, 2009
tion of innocence, er, presume that prosecu- as a warship, an accepted act of war which the
torial failure — acquit al, hung jury — is an U.S. itself has engaged in countless times?
option? By undermining that presumption,
By what possible moral reasoning, then, CHARLES KRAUTHAMMER
(c) 2009, Washington Post Writers Group
Holder is undermining the fairness of the tri- does KSM, who perpetrates the obvious and __________________________________________
al, the demonstration of which is the al eged
rationale for put ing on this show in the first
Moreover, everyone knows that whatever
the outcome of the trial, KSM wil never
walk free. He will spend the rest of his nat-
ural life in U.S. custody. Which makes the
proceedings a farcical show trial from the
Apart from the fact that any such trial will
be a security nightmare and a ter or threat to
New York — what better propaganda-by-
Palin & Obama
deed than blowing up the entire courtroom,
making KSM a martyr and making the judge,
jury and spectators into fresh victims? — it
wil endanger U.S. security. Civilian courts
with broad rights of cross-examination and
discovery give ter orists access to crucial
Quinn on Palin
information about intel igence sources and
That’s precisely what happened during
the civilian New York trial of the 1993 World
Trade Center bombers. The prosecution was
forced to turn over to the defense a list of two
hundred unindicted co-conspirators, includ-
ing the name Osama bin Laden. “Within ten
2 December 2, 2009
MOHAMMED TRIAL: November 20, 2009
KSM and O.J.: Once again, odds aren’t good
If there was ever a more irrespon- the O.J. trial is chilling. The die was be screened out during the process ARE SUCH theories too wild to be
sible decision by a U.S. attor-
cast in favor of acquittal the moment known as voir dire are educated jurors believed by any New Yorkers, espe-
ney general than Eric Holder’s the jurors were seated. They were not who are well informed about current cially those most likely to end up on
decision to try the mastermind of the a cross-section of Los Angeles, where events. The defense will also object a KSM jury? Don’t bet on it. Several
9/11 terrorist attack and four others as the trial was held: There were 10 wom- to any prospective juror who followed polls taken over the last 20 years show
common criminals in a civilian court en, two men; nine blacks, two whites, the events of 9/11 carefully; anyone that between a quarter and a third of
in New York City, I can’t recall it. He and one Hispanic. Their education was who has family members who have black Americans believe that AIDS
is gambling with the nation’s secu-
below average — nine had only a high ever worked in law enforcement, for was concocted in a laboratory by the
rity and providing a platform that will school education and one lacked even the fire department or in emergency U.S. government with the express pur-
give aid and comfort to the enemy at that. According to the questionnaires medical services and anyone with a pose of committing genocide against
a time of war. And he is doing so with they filled out before they were select- high regard or trust in government or blacks. And you can bet that KSM’s
no discernible benefit, least of all to ed, none regularly read a newspaper, law enforcement. And that’s just the defense attorneys will be looking for
showcase the strength of our judicial but eight regularly watched tabloid beginning.
jurors every bit as paranoid and gull-
TV; five thought it was sometimes per-
ible. And remember, they need only
missible to use physical force against a
ONCE THE trial starts, the defense one such juror to force a hung jury or
DOES Eric Holder remember the family member and four reported they will use a tactic that served O.J.’s even acquittal. Our attorney general is
most infamous criminal trial of the 20th or a family member had had a negative “dream team” well: conspiracy theo- gambling with the nation’s security,
century, the 1995 trial of O.J. Simpson experience with police. All were regis- ries meant to distract jurors from the and the odds aren’t reassuring.
for the murder of
actual evidence introduced. In O.J.’s
his estranged wife,
The first thing case, Johnnie Cochran and company
Nicole, and Ronald
that defense attor- suggested none too subtly that racist
neys will do when police planted evidence. When KSM
are obvious dif-
Khalid Sheikh Mo- comes to trial, expect to hear defense LINDA CHAVEZ
(c) 2009, Creators Syndicate
hammed comes witnesses and attorneys suggest that __________________________________________
a criminal murder
to trial is attempt the U.S. knew in advance of the at-
trial in a state court
to get a jury that tacks and planted explosives in the
Please check your
and one tried in
looks very much World Trade Center that helped bring
federal district court — and, the O.J. like O.J.’s. Urban juries — especially down the building. They may also re-
trial featured incompetent prosecutors those comprised disproportionately of vive the despicable canard that Israel
for any needed changes
who tried their case before an inept African-Americans — are far more was really responsible for the attack
judge — but there are also problems likely than suburban or rural juries to and that it warned Jews who worked
inherent in the system that may not be acquit criminal defendants. In one re- at the WTC to stay home on Sept. 11.
avoided. No matter what Holder says cent study of Baltimore city conviction These conspiracy theories have fu-
about failure to convict not being an rates, compared to those in the sur- eled best-selling books in Europe, are
Contact us at:
option, our entire legal system is based rounding county, city jurors were over widely accepted in the Arab world and
on the presumption of innocence of 30 times more likely to acquit for the were even endorsed by presidential
the accused and there are simply no most serious charges in criminal trials aide Van Jones (who resigned once his
than their suburban counterparts.
association with the so-called 9/11 tru-
A look back at what went wrong in
And those who are most likely to thers was exposed).
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December 2, 2009 3
MOHAMMED TRIAL: November 20, 2009
Attorney General Eric Holder’s true motive
Attorney General Eric Holder ber, KSM pleaded guilty and asked to
adopted a tough guy pose be executed.
when he announced that
But now, the attorney general puffs
Khalid Sheikh Mohammed and four out his chest and declares that by try-
others will be tried in federal court ing KSM in an Article III federal court,
for the most heinous terror attack on he has chosen the forum “most likely
Americans in history. “After eight to lead to a positive result.”
years of delay,” he intoned, “those al-
The mind reels.
legedly responsible for the attacks of
This is an excruciatingly awful de-
September 11 will finally face justice. cision that no hanging judge talk of
It is past time to finally act.”
“the ultimate penalty” can perfume.
What about the increased risk of terror
WHERE to begin? The claim that attacks on New York during the trial?
the Bush administration was somehow The city is “hardened” against attacks
dilatory sets a new standard for gall, Holder assures us. Really? Like Fort
particularly coming from Eric Holder. Hood?
As former federal
By granting a
civil trial to KSM,
while Abd al Ra-
out, “The principal
him al Nashiri,
reason there were
who bombed the
so few military tri-
USS Cole in Ye- serted that a not-guilty verdict is un-
Moreover, the Justice Department
als is the tireless
men, will receive acceptable. “Failure is not an option. has assured Sen. Jon Kyl that “we will
a military tribunal, These are cases that have to be won.” not release anyone into the United
ducted by leftist
the U.S. telegraphs Whoa. In the first place, it isn’t at all States if doing so would endanger our
this message to ter- beyond imagination that the govern- national security or the American peo-
Holder) to derail military tribunals by rorists: Wherever possible, attack our ment could lose this case. KSM was ple.” So in the event that KSM is ac-
challenging them in the courts.”
civilians. You’ll get more lawyering waterboarded. No evidence thus ob- quitted, it’s the position of the Obama
Those lawyers threw up hundreds and a better deal than if you attack our tained is admissible. A liberal judge Justice Department that we would
of roadblocks. Military detentions and military. (And by the way, you’ll get who disliked the Bush administration continue to hold him? How does that
tribunals violated, they claimed, the more rights than a member of our mili- might exclude other key evidence as outcome burnish the reputation of our
U.S. Constitution, the Geneva Con-
tary who commits a crime.)
ventions, and the Uniform Code of
Attorney General Holder is keen
And while we’re on the subject of
Military Justice. Litigating all this has to prove to a supposedly skeptical
BUT HOLDER says he’ll be found not thinking things through, at a Senate
world that America lives up to its val- guilty. Isn’t that a perversion of our hearing, Holder could not answer Sen.
At last clearing those obstacles, the ues (never mind that granting the full jurisprudence? If a not-guilty verdict Lindsey Graham’s question about how
government initiated Khalid Sheikh rights of citizens to enemy combatants is impossible, then the trial is a sham. we would deal with Osama bin Laden
Mohammed’s military trial in Guan-
is not part of our creed — nor anyone “Sentence first — verdict afterward” if we caught him tomorrow. Would he
tanamo in September 2008. In Decem-
else’s). Yet he has also repeatedly as- said the Red Queen.
be Mirandized? Would we give him a
lawyer? Isn’t that the precedent this
There are dozens more reasons (in-
cluding the intelligence bonanza this
will confer on al Qaeda) that this deci-
sion is among the worst to emerge from
a terrible presidency. What did they
hope to achieve? Perhaps they have
thought it through — at least as far as
how the trial would unfold. With no
defense (he has boasted about his mass
murder), what will KSM do? He will
put the CIA and the Bush administra-
tion on trial. Prepare for lurid accounts
of his and others’ mistreatment.
Is that the nub? To satisfy the re-
venge fantasies of American leftists
who have lusted to put the Bush admin-
istration on trial, the Obama adminis-
tration is willing to sacrifice logic, jus-
tice, national security and honor?
WHEN KSM’s star turn in the
courtroom goes viral on the Internet
and inspires thousands of new jihadis,
the Obamaites can console themselves
that at least they stuck it to George W.
(c) 2009, Creators Syndicate
4 December 2, 2009
MOHAMMED TRIAL: November 20, 2009
Annals of Obamalaw, or: Verdict first, then trial
Woried about trying the trial of jihadi bombers in New York did),
ringleader of the 9/11 ter-
that secrets about the sources and tech-
rorists and four of his close niques of American intel igence may be
associates in a civilian courtroom?
revealed even inadvertently and that the
defendants wil turn a federal courtroom
DON’T BE, says our president. He into another forum for their pet hates.
knows just how the trial wil turn out — The country may be in for a repeat of the
Khalid Sheik Mohammed will be con-
farcical proceedings in U.S. v. Zacarias
victed and executed. We have his word Moussaoui, the stranger-than-usual ter-
rorist now living out the rest of his days
He makes the trial sound like just a as the guest of the U.S. taxpayers at a
formality. And here some of us thought maximum-security prison high in the
trials didn’t have a predetermined out-
come, not in America. Naive us.
Pick your favorite downside of this
Despite al the assurances from on change of venue. There are lots to choose
high, almost every aspect of this coming from. And others wil become evident
trial-cum-circus troubles. From its hazy only as this show trial gets on the road. It
conception to, ac-
promises to have a
cording to the presi-
longer run than any
dent and his equal y
cocksure at orney
the ef ect of such ficulty substituting phraseology for real- commissions antedate federal courts in
a spectacle on the ity.
our history. Among the first such com-
The prospect of
Alice Hoagland isn’t the only one missions was one appointed by a general
moving this trial
of the September heartsick over this latest instance of jus- of the Continental Army named George
from safe and se-
11 attacks — the tice delayed and therefore denied. The Washington.
cure Guantanamo to bustling downtown kith and kin of all those thousands mur- whole nation was at acked that ter ible
Few things so reveal the ahistorical
Manhat an wor ies because, wel , it’s dered. “We are heartsick and weary of day, justice seems no nearer and this lat- approach of this born-yesterday admin-
the delays and machinations,” says Alice est complication might only put it of yet istration than its bypassing military law
What possibly could go wrong? What Hoagland, whose son died aboard Unit- again.
— except, of course, when military com-
couldn’t? Some of us more cautious ed Flight 93 when its heroic passengers
missions suit its purposes. In this case,
types wor y that legal technicalities and staged the first American counterat ack
TO WHAT end? So the president and Messrs. Obama and Holder, Esqs., have
complications wil result in an endless in this war on terror. A war this adminis- his attorney general can prove an ideo- chosen to gamble on the federal courts
trial without sure result, that the trial will tration would like to cal something else. logical point — that the criminal code is despite al the clear and increasingly
require needless expense (the figure of It prefers the euphemism “overseas con- superior to military justice in these high- present dangers such a decision will
$75 million just to assure New Yorkers’ tingency operations,” as if not cal ing a profile cases?
safety has been bruited about), that it war a war would end it.
When this administration disparages
What, Barack Obama wor y? Al such
wil expose judges, jurors and witnesses
Lewis Car ol would understand such or even tries to delegitimize military concerns about Khalid Sheik Moham-
to al too real threats (just as an earlier logic; the rest of us might have more dif- courts, it overlooks the fact that military med’s being tried in a civilian courtroom
wil disappear, says the president, “when
he’s convicted and when the death pen-
alty is applied to him.”
Not that he’s prejudging the case, our
lawyer-president was quick to add, hav-
ing just prejudged the case.
If this trial were being conducted
where it should be — in a secure mili-
tary courtroom at Guantanamo — such
statements from the commander in chief
would be clear evidence of what in mili-
tary law is cal ed command influence.
And be grounds for a mistrial.
That’s another way in which military
justice is superior to the civilian kind be-
ing arranged for Khalid Sheik Moham-
med and company. Military law contains
safeguards against undue influence.
Yet the president insists on a civilian
trial in order to demonstrate the fairness
and superiority of civilian courts in such
cases — even as he proclaims the trial’s
FIRST IT was Obamacare. Now the
country is about to get Obamalaw, which
promises to be a treasure trove of such
(c) 2009, Tribune Media Services
December 2, 2009 5
MOHAMMED TRIAL: November 22, 2009
In New York, flanked by lawyers — scary
“I’m not scared of what (self-pro-
As former CIA Director George Tenet
fessed 9/11 mastermind Khalid Shaikh wrote in his book, At the Center of the
Mohammed) would say at trial,” Attor-
Storm, when CIA officials first interro-
ney General Eric Holder told the Senate gated Mohammed in 2003, he defiantly
Judiciary Commit ee as he defended his told them, “I’l talk to you guys after I
decision to prosecute Mohammed and get to New York and see my lawyer.”
four other accused 9/11 planners in a Now, thanks to Holder, Mohammed is
federal criminal court.
about to say hel o to the U.S. District
Court for the Southern District of New
I’M NOT scared of what KSM has to York — where undoubtedly, he’l have
say in court either. I’m scared of what a more than one lawyer.
federal judge might say and do.
I’m scared of what President Obama
Mohammed already has said, “I was said to NBC’s Chuck Todd last week
responsible for the 9/11 operation from — that those bothered with the change
A to Z.” By handing the 9/11 Five over of venue for Mohammed won’t find it
to the federal court system, the Obama “of ensive at al when he’s convicted
administration has opened the door for and when the death penalty is applied to
other federal judges
him.” In pronounc-
to issue rulings that
ing the verdict and
af ect or delay the
trial and/or punish-
the trial, Obama has
handed civil liber- the Justice Department hasn’t thought tion from the civilian courts for enemy
I’m scared that
tarians ammunition. this through.
combatants.” Good idea.)
even a federal
I’m scared by
I’m scared at what the international
judge not presid-
what Holder said
I’M SCARED at what the next legal and self-styled human-rights communi-
ing over the Trial
in response to this Dream Team wil try to get others to say ties might say to undermine the credibil-
of the Century could muck it up. Con-
question by Sen. Lindsey Graham, R- to deflect at ention from the murder of ity of a trial that in any way fal s short of
sider California, where in February S.C.: “Can you give me a case in U.S. 2,973 individuals. “Are we going to al- perfection.
2006, U.S. District Judge Jeremy Fogel history where an enemy combatant low discovery of classified information
Today, everyone knows that KSM is
blocked an execution because there was caught on a battlefield was tried in civil- so that we can get a fair trial?” asked guilty. But in the age of the Internet, the
a .0000000000001 chance that a con-
ian court?” Holder said he’d “have to John Eastman, law school dean at Chap- guiltiest perpetrator can be modeled as a
victed rapist/murderer facing execution look at that,” after which Graham an- man University in Orange, Calif. Are we victim.
might feel pain when administered a swered that there is no such case.
going to depose past Bush Department
In 2001, a Scottish court found Lib-
three-drug cocktail. In so ruling, Fogel
I’m scared that, according to the New of Justice and Pentagon officials?
yan intel igence agent Abdel Basset Ali
blocked not only that kil er’s execution, York Times, Justice Department officials
Eastman fears a scenario in which, al Megrahi guilty for the 1988 Pan 103
but also any other execution in Califor-
have said that even if “Mohammed is ac- “It’s not so much Khalid Shaikh Moham- Lockerbie bombings that left 270 dead.
quit ed, the Obama administration will med who’s on trial, but the Bush admin- Al Megrahi was convicted under a unan-
I’m scared of what Mohammed’s keep him locked up forever as a ‘com- istration.” (Eastman believes Congress imous verdict passed by three Scot ish
at orneys wil say to prolong this trial. batant’” under the laws of war. It’s clear should pass a bill “to withdraw jurisdic- (not American) judges (not jurors) based
in The Netherlands. The (barbaric Amer-
ican) death penalty was of the table and
the other defendant was acquit ed. The
Scot ish justice minister recently issued a
“compassionate” release for al Megrahi.
Stil , the likes of Noam Chomsky argue
it was an unfair trial,and have cal ed for
a U.N. inquiry.
Check out Slobodan Milosevic on the
Internet. The former Serbian leader died
while on trial for torture, murder and
genocide at the U.N. International Crim-
inal Court/Yugoslavia in The Hague.
Serving as his own attorney, Slobo man-
aged to prolong a trial that was supposed
to last 14 months for a grueling four
years — and then it only ended because
he died of a heart attack.
What thanks did the ICC get for ac-
commodating Milosevic’s delaying an-
tics? Scurrilous rumors that it was re-
sponsible for his death.
SO I’M NOT scared about what Mo-
hammed might say about jihad in court.
I’m scared about what he did — and
what a judge might say if he wants to
serve as his own attorney.
DEBRA J. SAUNDERS
(c) 2009, Creators Syndicate
6 December 2, 2009
HEALTH CARE: November 23, 2009
U.S.S.A. — health care is just the beginning
Not all revolutions begin in Now we see that expressed concern ines. They begin when there is a philo- peace, affluence and political power.
the streets with tanks and was a sham, because if deficits meant sophical shift in a nation’s leadership
Opinion polls show a majority of
guns. Some advance slowly, something when they were relatively about the value of human life. Novelist Americans reject this health care “re-
almost imperceptibly, until a nation is small, they ought to mean something Walker Percy examined the underlying form” bill. They think haste may waste
transformed and the public realizes too more when we are in hock up to the philosophy that led to the Holocaust them in the end. It doesn’t matter. Like
late that their freedoms are gone.
necks of our Chinese-made clothes.
and wrote: “In a word, certain conse- members of a cult, whatever the leader
quences, perhaps unforeseen, follow says, goes. The facts be damned. The
SUCH IS the revolution now taking
WE’VE ONLY just begun with upon the acceptance of the principle of crowd from the ‘60s will “seize the
place in America. The ‘60s crowd has this. The new breast and ovarian the destruction of human life for what time,” in the words of Black Panther
emerged from the ideological grave cancer screening
may appear to be radical Bobby Seale, thus sealing our
and is about to impose on this country guidelines may
the most admirable doom as a unique and wonderful na-
a declaration of dependence in the form soon become man-
of government-run health insurance datory as health
In our day, the
and treatment. It matters not what facts care rationing kicks
WELCOME to the U.S.S.A., the
are known about this “coup,” because in. The unwanted,
government sei- United Socialist States of America.
to those from the ‘60s — whether they the inconvenient
zure of one-sixth
lived in that decade or were born later and the “burden-
of our economy
and adopted its ideology — only feel- some” could soon
ings and intentions matter, not truth be dispatched with a pill, or through ability to decide how we run our lives
(it won’t stop with health care) are __________________________________________
Why would anyone trust govern-
Great horrors don’t begin in gas foreseen. They are just being ignored CAL THOMAS
ment — which has a difficult enough chambers, killing fields or forced fam- in our continued pursuit of personal (c) 2009, Tribune Media Services
time winning wars — to properly ad-
minister health care? What track re- HEALTH CARE: November 23, 2009
cord does government have in living
up to its economic forecasts and com-
petence in running anything?
But this is about none of that. This Obamacare: Big state tax hikes
is about liberal Democrats realizing
their decades-old dream of complete
control of our lives. Every move you
$2 bil ion a year and perhaps more.
governors of the 50 states, particularly
make, every breath you take, they’ll be
Anxious to avoid raising taxes
too much to pay for their
In many Southern states, the Med- the Democrats, are going to sit idly by
watching you. Except, of course, when
health care proposals, the icaid program only covers a portion of and let their budgets be destroyed by
it comes to terrorists who want to de- Obama administration and its congres- those living below the poverty level. the health care bil .
stroy America faster than the liberals sional allies hit on a great new idea: For these states, the requirement to
When the Republicans in Congress
do. A different standard is applied to Make the states raise their taxes to fund cover all those in poverty and then 50 insisted on tacking big cuts in aid to
the program, instead.
percent more will cause enormous in- legal immigrant benefits for disability
Nowhere in the debate over health
creases in taxes. In Arkansas and Loui- and other areas onto the welfare reform
care “reform” have we heard a single
BOTH THE House and the Sen- siana, where swing-Senators Pryor, bil , it was the Republican governors
word from liberal Democrats about ate bil s require that states cover a Lincoln and Landrieu come from, the who forced them to repeal the perni-
personal responsibility, self-reliance larger percentage of their people under cost could exceed $1 bil ion for each cious cuts the very next year. They did
and freedom. In fact, the message has Medicaid — a joint state and federally state each year.
not want to have to raise taxes to make
come through quite clearly that govern- funded program. The idea was to force
up for the withdrawal of federal fund-
ment will penalize anyone who dem- states to raise their taxes to cover a big
onstrates such beliefs, as it attempts to part of the health care bil for treating
Now, the Democratic governors face
spread your wealth around.
poor people. Since the Feds can simply
the same situation. If Obamacare passes
This is how I see health care reform charge any increase in spending to their
with its expansion of Medicaid benefits
working: If you are a doctor who has already overdrawn bank account, but the
— but with no federal funding of the
spent a lot of money and time becom- states have to balance their budgets, the
extra spending — it is these Democrats
ing a responsible and caring physi- increased state spending for Medicaid
and their legislatures that wil have to
cian, the government will tell you how wil cause sharp increases in state taxes.
bite the bul et and pass new taxes to pay
much to charge your patients and, in And the governors wil get the blame,
Unfunded mandates for state spend- for it.
fact, whether you will be allowed to not Obama and not the Congress.
ing imposed from on high in Washing-
treat them at all. Bureaucrats, having
The House bil requires states to ton have always rankled governors. The
SINCE states are already facing
given themselves the power of God, give Medicaid to those whose incomes senators and congressmen in Washing- mammoth financial problems as a result
will decide whether a patient is worth are less than 150 percent of the poverty ton get the credit for spreading largesse, of dwindling revenues and swelling ex-
the cost of treatment, thereby deciding level, while the Senate wil set le for but the governors in the states get the penditures in the recession, these addi-
who lives and who dies. Despite the only 125 percent. For most states, this blame for the taxes that are needed to tional burdens could be political y fatal.
Stupak-Pitts Amendment, somewhere is a hefty increase.
pay for it.
Unless Democratic governors want to
down the line taxpayers will be forced
In some states, like New York, where
avoid the fate of one of their late breth-
to underwrite abortions in violation of Medicaid covers everyone making 150
SINCE Democrats currently con- ren, former Gov. Jon Corzine of New
the consciences and faith of the major- percent of the poverty level already, trol the vast majority of governorships, Jersey, whose political career was ended
there wil not be any extra required this process of making their own party in a blaze of new taxes, they might want
This is the triumph of the humanis- spending.
members take the rap for raising taxes to cal their buddies in Congress and ask
tic, atheistic worldview. We are all to
But not so in California, which only is politically self-destructive in the ex- them to lay off the unfunded mandates,
be regarded as products of evolution covers 100 percent of the poverty level. treme. But Obama is so desperate to particularly during this recession.
in which the fit and the powerful will Were the House bil to pass, the already pass his health care legislation that he
decide our survival and worth.
fiscal y beleaguered state would have to doesn’t care what havoc in his party he __________________________________________
When Republicans were in the ma- increase its Medicaid spending on poor reaps in the process.
jority, deficits mattered to Democrats. people by 50 percent, at least an extra
The question now is whether the (c) 2009, Creators Syndicate
December 2, 2009 7
DIVERSITY: November 18, 2009
Diversity has jumped the shark, horrifically
It cannot be said often enough is a strength” has now replaced “at the
that the chief of staff of the Unit-
end of the day,” “skin in the game,”
ed States Army, Gen. George “blood and treasure,” “jumped the
Casey, responded to a massacre of 13 shark,” “boots on the ground,” “hor-
Americans in which the suspect is a rific” (whatever happened to the per-
Muslim by saying: “Our diversity . . is fectly good word “horrible?”), “not so
much,” “I am shocked, shocked to find
that gambling is going on here” and
AS LONG as the general has brought “that went well,” as America’s most ir-
it up: Never in recorded history has di-
versity been anything but a problem.
We should start making up other
Look at Ireland with its Protestant and nonsense mantras along the lines of
Catholic populations, Canada with its “diversity is a strength” and mindlessly ica’s “diversity” is that liberals’ reac- ing to New York!
French and English populations, Israel repeating them until they catch on, too.
tion to a heterogeneous population is
Mohammed’s military tribunal was
with its Jewish and Palestinian popula-
Next time you’re at a cocktail party, to create a pecking order based on al- already under way when Obama came
just start saying, “Chocolate pudding leged victimhood — as described in into office, stopped the proceedings
Or consider the war ing factions in is dramatic irony” from time to time. electrifying detail in my book, Guilty: and, eight months later, announced that
India, Sri Lanka, China, Iraq, Czecho-
Eventually other people will start say- Liberal “Victims” and Their Assault on Mohammed would be tried in a federal
slovakia (until it happily split up), the ing it, without anyone bothering to America.”
court in New York.
Balkans and Chech-
consider whether it
In a liberal’s reckoning, diversity is
nya. Also look at the
makes sense. Then
IN MODERN America, the guilty good when we have both Muslim jiha-
festering hotbeds of
we’l do another are sanctified, while the innocent nev- dists and patriotic Americans serving
tribal warfare — I
one: “Nicolas Cage er stop paying — including with their in the U.S. military. But diversity is
mean the beautiful
is a two-cycle en- lives, as they did at Fort Hood last week. bad when Martha Stewart and Khalid
mosaics — in Third
Points are awarded to aspiring victims Sheikh Mohammed are subjected to
World hel holes
Before you know for angry self-righteousness, acts of dif erent legal tribunals to adjudicate
it, liberals wil react violence and general unpleasantness.
Obamacare: Big state tax hikes
Rwanda and South
to news of a mass
But liberals celebrate diversity only
Ter orists tried in civilian courts will
murder by mut ering, “Wel , you know in the case of superficial characteristics be entitled to the whole panoply of le-
“Diversity” is a difficulty to be over-
what they say: Nicolas Cage is a two- like race, gender, sexual preference and gal protections accorded Stewart or any
come, not an advantage to be sought. cycle engine,” while everyone nods in country of origin. They reject diversity American charged with a crime, such as
True, America does a bet er job than agreement.
when we need it, such as in “diversity” the presumption of innocence, the right
most at accommodating a diverse popu-
Except mere nonsense makes more of legal forums.
to a fair trial, the right to exclude evi-
lation. We also do a bet er job at curing sense than “diversity is a strength.”
After confer ing with everyone at dence obtained in violation of Miranda
cancer and containing pol ution. But no
If Gen. Casey’s wildly inappropriate Zabar’s, Obama decided that if a stan- rights, the right to a speedy trial, the
one goes around mindlessly exclaim-
use of this lunatic cliche in the after- dard civilian trial is good enough for right to confront one’s accusers, the
ing: “Cancer is a strength!” “Pol ution math of the Fort Hood massacre doesn’t Martha Stewart, then it’s good enough right to a change of venue, the right to
is our greatest asset!”
kill it, nothing will.
for the mastermind of the 9/11 at acks. examine the evidence against you and
By contrast, the canard “diversity
Among the worst aspects of Amer- So Khalid Sheikh Mohammed is com- the right to subpoena witnesses and evi-
dence in one’s defense.
Members of Congress have it in their
power to put an end to this lunacy right
now. If they don’t, they are as com-
plicit in Mohammed’s civilian trial as
the president. Article I, Section 8, and
Article III, Section 1 of the Constitu-
tion give Congress the power to estab-
lish the jurisdiction of the lower federal
courts and to create exceptions to that
Congress could pass a statute limiting
federal court jurisdiction to individuals
not subject to trial before a military tri-
bunal. Any legislator who votes “nay”
on such a bill will be voting to give for-
eign ter orists the same legal rights as
U.S. citizens — and more legal rights
than members of the U.S. military are
IN THE case of legal proceedings,
diversity actually is a strength.
(c) 2009, Ann Coulter
8 December 2, 2009
HEALTH CARE: November 19, 2009
Fighting a coercion clause: Limited powers
In 2006, long before there was an Goldwater Institute attorney, says, “It is
Obama administration determined a bedrock principle of constitutional law
to impose a command-and-control that the federal Constitution established a
federal health care system, a young ortho-
floor for the protection of individual lib-
pedic surgeon walked into the Goldwater erties; state constitutions may provide ad-
Institute here with an idea. The institute, ditional protections.”
America’s most potent advocate of limit-
In 1997, the U.S. Supreme Court held
ed government, embraced Eric Novack’s that under the Constitution’s system of
idea for protecting Arizonans from health “dual sovereignty,” states’ “retained sov-
care coercion. In 2008, Arizonans voted ereignty” empowers them to “remain in-
on Novack’s proposed amendment to the dependent and autonomous within their
proper sphere of authority.” The court has
been critical of the “federalism costs” of
“NO LAW shall be passed that re- intrusive federal policies, and recently
stricts a person’s freedom of choice of pri-
has twice vindicated state sovereignty in
vate health care systems or private plans ways pertinent to Novack’s plan.
of any type. No law shall interfere with a
In 2006, the court overturned an inter-
person’s or entity’s right to pay directly pretation of federal law that would have
for lawful medical services, nor shall any nullified Oregon’s “right to die” statute.
law impose a penalty
The court said states
or fine, of any type,
for choosing to ob-
latitude in regulating
THE COURT says the constitutional face severe fines or imprisonment. In
tain or decline health
medical standards, privacy right protects personal “auton- 1994, the Congressional Budget Office
care coverage or for
which historically omy” regarding “the most intimate and said forcing individuals to buy insurance
participation in any
have been primarily personal choices.” The right was enunci- would be “an unprecedented form of fed-
particular health care
state responsibili- ated largely at the behest of liberals eager eral action,” adding: “The government
system or plan.”
to establish abortion rights. Liberals may has never required people to buy any
In 2000, Arizona think, but the court has never held, that the good or service as a condition of lawful
outspent 5-1 by opponents who argued, voters’ endorsed an English immersion privacy right protects only doctor-patient residence in the United States.”
meretriciously, that it would destroy Ari-
policy for students for whom English is transactions pertaining to abortion. David
This year, the Congressional Research
zona’s Medicaid program, with which a second language. Federal courts had is- Rivkin and Lee Casey, Justice Depart- Service delicately said “it is a novel issue
many insurance companies have lucra-
sued an injunction against such policies ment officials under the Reagan and first whether Congress may use the (Com-
tive contracts. Nevertheless, the proposi-
because they conflicted with federal re- Bush administrations, ask: If government merce) Clause to require an individual
tion lost by only 8,687 votes out of 2.1 quirements of bilingual education. This cannot proscribe or even “unduly bur- to purchase a good or service.” Congress
million cast, and Arizonans will vote on year, however, the Supreme Court man- den” — the court’s formulation — access has the constitutional power to “regulate
essentially the same language next No-
dated reconsideration of the injunctions to abortion, how can government limit commerce ... among the several states.”
because they affect “areas of core state other important medical choices?
But a Federalist Society study by Peter
But does not federal law trump state responsibility.”
Democrats’ health bills depend on Urbanowicz and Dennis Smith judges it
laws? Not necessarily. Clint Bolick, a
forcing individuals to buy insurance or perverse to exercise coercion under the
Commerce Clause “on an individual who
chooses not to undertake a commercial
transaction.” As Sen. Orrin Hatch, R-
Utah, says, there is “a fundamental dif-
ference between regulating activities in
which individuals choose to engage” —
e.g, drivers can be required to buy auto
insurance — “and requiring such activi-
ties” just because an individual exists.
House Majority Leader Steny Hoyer,
D-Md., says Congress can tax — i.e.,
punish — people who do not buy insur-
ance because the Constitution empowers
Congress to tax for “the general welfare.”
So, could Congress tax persons who do
not exercise or eat their spinach?
WHEN asked whether any compulso-
ry insurance purchases are constitutional,
Speaker Nancy Pelosi was genuinely as-
tonished: “Are you serious? Are you seri-
ous?” In 1803, in Marbury v. Madison,
Chief Justice John Marshall wrote, “The
powers of the legislature are defined and
limited; and that those limits may not be
mistaken, or forgotten, the Constitution is
written.” He was serious.
(c) 2009, Washington Post Writers Group
December 2, 2009 9
HEALTH CARE: November 23, 2009
Should Democrats fear failure or success?
Otto von Bismarck at one point his presidency, Clinton his congressio- to scale back their bil once it became over 10 years when fuly implemented;
called the prospect of Ger- nal majority), and Medicare cuts undid persistently unpopular. Take half a loaf, bends the cost curve up; covers abortion
many waging preventive war Speaker Newt Gingrich (taking the air disarm your critics, cal it victory. How and knocks people out of their cur ent
against other European powers “com- out of his “Republican revolution”). All complicated is that? As President Ron- coverage.
mitting suicide out of fear of death.”
of those figures un-
ald Reagan said,
For all that, it only covers half the un-
dertook their fool-
“There are simple insured. Republican Sen. Tom Coburn
LITTLE did the Iron Chancel or hardy exertions in
answers, just not counts no fewer than 11 studies that say
know that he was forecasting 21st- order to reduce the
easy ones.” And it provisions in the bill will raise premi-
century Democratic political strategy. deficit. Democrats
wouldn’t have been ums. According to the Kaiser Family
Democrats so fear the consequences of will ingest their
easy to wean the Foundation, a family of four headed by
failing to pass Obamacare that they’ve double dose of taxes
Democratic core a breadwinner making $66,000 annual y
convinced themselves that embracing and Medicare cuts
from its perfervid stil would pay almost 10 percent of its
$370 bil ion worth of tax increases and on behalf of legisla-
dream of national- income on health insurance — even af-
more than $400 billion worth of Medi- tion that almost certainly wil increase ized health care.
ter it gets a federal subsidy.
care cuts is good for them. This wil long an already $1 tril ion deficit. It’s fiscal
As it stands now, the sprawling mon-
If Obama meant his major promises
make for a compel ing case study in the pain for no fiscal gain.
strosity of Democratic health care reform about health care, he’d start over. But
Annals of Abnormal Political Psychol-
If Democrats can’t af ord failure on violates almost every major reassurance al his soothing words were just sugar
this course, what makes them think they President Barack Obama has made to make the medicine of a vast left-wing
Tax hikes undid Presidents George can afford success? They created a hell- about it. Its latest iteration, the Reid bill project go down in a center-right country.
H.W. Bush and Bil Clinton (Bush lost ish dilemma for themselves by refusing in the Senate, costs more than $1 tril ion President George W. Bush had his “16
words,” a one-sentence dubious claim in
HEALTH CARE: November 25, 2009
a State of the Union address for which
he caught hel for years; Obama has his
“5,427 words,” his health care address to
a joint session of Congress, shot through
Phony are the brave
with misrepresentations and false assur-
Oh, beloved martyrs. Leaders of the bill. To vote any other way could mean ate Finance Committee moved the health
THE White House has lived up to its
rabble. Fearless masters of decency.
a primary loss and little support from an care takeover bill through, the president promise of “post-partisanship” in only
Save us from ourselves.
administration that landed him his job — singled out Sen. Olympia Snowe from one sense. It’s wielding health care as a
On CNN’s State of the Union last perhaps the only job it created.
Maine for her “courage.”
wedge issue against its own side, forcing
weekend, host John King presented Sen.
But Bennet certainly isn’t alone. These
Courage? I suppose that in Wash- moderates like Arkansas Sen. Blanche
Michael Bennet, D-Colo., with a yes-or- days, the idea of courage — especially in ington, moving a bill out of committee Lincoln into possibly career-ending
no question: “If you get to the final point Washington — flows freely.
constitutes bravery. Those wild mobs of votes out of fear of an aroused liberal
and you are a critical vote for health care
Recently, Newt Gingrich called radical wing nuts in Maine, after all, only base. Her moderate compatriot Sen.
reform and every piece of evidence tells Obama “a liberal Democratic president can be contained for so long, you know.
Mary Landrieu of Louisiana was sim-
you ... you will lose your job, would you who has the courage to take on the es-
But out of 100 senators pretending to ply bought off — for a mere $300 mil-
cast the vote and lose your job?”
tablishment on education,” as if the tepid understand the health care bill, perhaps lion, cheap by today’s standards — on
a half-dozen have a chance of realizing the first key Senate procedural vote. She
LIKE Joan of Arc facing the burning
bravery in even the most liberated sense maintains she stil doesn’t necessarily
pillar — “may Obama so keep me” — a
of the word. Most of those, Democrats support the underlying bil , apparently
valiant Bennet, undeterred by the grue-
and Republicans, however, diligently in the tradition of former Louisiana Sen.
some prospect of returning to a life of
will investigate every poll and political John Breaux, who said his vote couldn’t
undeserved appointments and a real job,
consideration before they vote.
be bought, only rented.
answered plainly, “Yes.”
In an atmosphere of habitual self-ag-
Democrats desperately want to keep
One might have let his reply to a no-
grandizing, a place where faux historical the health care debate from dragging too
win question slide, but no sooner had
importance is attached to every spending far into next year. Obama plans to pivot
word of the senator’s heroism trickled
bill, courage is easy to find. It certainly onto jobs and deficit reduction come
down to the masses than his campaign education reforms of the administration makes you miss the days when politi- January. This shift wil be even more
staff sent out a blast of self-love, claim- were akin to a power move against the cians had the common decency to offer ludicrously incredible if he’s still oc-
ing that Bennet’s answer proved he fear- Gambino crime syndicate (though, ad- false modesty with their arrogance.
cupied with creating a new entitlement
lessly would “stand up for what is right. mittedly, the National Education Asso-
Benjamin Disraeli once said that a set to grow at eight percent a year and
He is willing to take on the special inter- ciation comes close).
politician is a “sophistical rhetorician, cost $2.5 tril ion during its first 10 years
ests who will stop at nothing to protect
Actress Angie Harmon this week de- inebriated with the exuberance of his of ful operation. As Democratic Sen.
the status quo.”
clared that Sarah Palin is a “woman who own verbosity, and gifted with an ego- Dick Durbin said, in an understatement,
Ironically, Bennet — appointed by has her own set of values and morals and tistical imagination that can at all times in 2010 the health care debate becomes
Colorado Gov. Bill Ritter, who over- ethics and has the courage to live her life command an interminable and inconsis- “more complex.”
looked more dynamic and experienced accordingly.” How many of you have the tent series of arguments to malign an op-
Democrats — was only given his spot steely courage to sell 700,000 books in ponent and to glorify himself.”
WHEN they elected Obama, most
as designated Obama yes man through a a week?
voters wanted competence, bipartisan-
special interest of one. So goes the real
President Barack Obama, never shy
TODAY we’re easy. They only need ship, sobriety and responsibility. On
life of our gutsy protagonist.
about applauding his own transcendent to be inebriated with the exuberance of health care he’s 0-4, but the only option
The most powerful special interest in valor, also announced the traditional par- their own greatness. All a politician has the Democrats have is to keep going. In
this nation, of course, is the federal gov- don of the White House turkey — and to say, apparently, is “yes.”
fear of death, they’ll risk suicide.
ernment. It’s an organization that Bennet a big chicken, if you ask me — errone-
will empower with unprecedented coer- ously named (you guessed it) Courage.
cive powers to control the common citi-
zen’s health care decisions — his vote,
COURAGE is off to Disneyland.
guaranteed even before reading the final
And a few weeks ago, after the Sen- (c) 2009, Creators Syndicate
(c) 2009, King Features Syndicate
10 December 2, 2009
HEALTH CARE: November 24, 2009
Nurse Ratched Democrats, more of the same
The president and his party in heating pads. The bils curently under
Congress are attempting to dig consideration in the House and Senate
this country so deep into debt wil cost taxpayers more than $3 tril ion
that we may not be able to climb out. over the first 10 years of their existence.
This is a strong and resilient country, but They will burden the entire U.S. econ-
we wouldn’t be the first great nation to omy with new and onerous taxes, stifle
medical advances, diminish the quality
of care and even then wil not cover all
FOUR months ago, while the Demo- of the uninsured.
crats were hatching their health care be-
The Obama administration has
hemoths, only policy wonks noticed a howled its indignation at what it cal s
report issued by the Social Security and “lies” about “death panels” and other as-
pects of reform. Yet
It showed that the
liability of the two
overhaul plans is
programs has now
grounded in distor-
reached $107 tril-
tions and misrepre-
lion. That’s seven
times the size of Charen
the U.S. economy,
their foot soldiers
and it could go higher, as Medicare and in the press gave wide circulation to the As this column and others have noted, care? Wel , that much is true. But again,
Medicaid spending have consistently in-
Harvard study suggesting that lack of the most common metrics used to com- Democrats refuse to see that government
creased 2.5 percentage points faster than health insurance causes 45,000 annual pare U.S. health outcomes with those of incentives contributed to the problem.
per capita GDP since 1970.
deaths. What they didn’t tel you was that other countries are life expectancy and Making health insurance plans deduct-
Just to pay for these programs — ex-
the study was the work of Physicians for infant mortality. Both are fatu