Osama Bin Laden is captured alive

I’m guessing there’ll be a legal argument over the circumstances of his “spirited away,” his lawyers would probably argue that his extraordinary rendition was illegal.

If he goes to trial I’d suspect he’d reveal details of his past dealings with the CIA and other western intelligence services. The whole thing will be a circus and very embarrassing for a lot of people. Therefore despite whatever official orders had been given I doubt the SEALS seriously tried to take him alive.

Is there any evidence he had direct dealings with any Western intelligence agencies, even in the 1980's?
 
The trial is a circus - question is will he be tried in New York, Pennsylvania or Virginia, or somewhere else?

Only question is does he get death, or 23 hours a day in a Supermax?
 
The raid might have been intended to take him alive,they had a lawyer for him on the mission.But after the helicopter crash it became a kill mission.
the official story is that he was shot while reaching for a gun when one of the SEALs burst into his room. Is there any real reason to doubt that? Which makes taking him alive problematic... maybe he's in a different room and gets taken down by a flash/bang or something?
 
Just think about Hitler trial.

Saddam trial (if he ever had one) might be a good starting point...
Saddam did have a trial, but the problem is that one was a bench trial (because he was tried under Iraqi law, which uses the Napoleonic system), and that several officers of the court had conflicts of interest which would not fly in an American courtroom.

If OBL sees an American courtroom (which isn't that unlikely, it makes for good propaganda for American Democracy, after all), expect there to be no live coverage from inside the courtroom (there will be of course drawings of the proceedings as well as transcripts). The venue will probably be in the Southern District of New York or the Eastern District of Virginia. Voir dire will be a bitch, it'll be like the Shkreli trial on steroids, but it will get done.

If OBL can't get a private attorney, then he probably ends up like Tsarnaev, who got a public defender. In any case, any criminal lawyer, prosecution or defense, gets it hammered into them in law school that a defense attorney's job is to make sure that, if the defendant gets convicted, the government proves every element of every charge beyond a reasonable doubt. It's not really necessarily "did Osama do this?" It's "Does the prosecution have their ducks in a row, can they prove every element beyond a reasonable doubt?" So defense counsel will probably go over the prosecution's evidence with a fine toothed comb, looking for any consistencies, any bias on the part of witnesses.

Because of the nature of the case, the trial would probably take years, though, even without counting appeals.
 
The trial is a circus - question is will he be tried in New York, Pennsylvania or Virginia, or somewhere else?

Only question is does he get death, or 23 hours a day in a Supermax?

Regarding the trial where it is held likely depends on how the area that's chosen can adequately deal with the extreme security requirements that will be needed.

Regarding what sentence Bin Laden gets it will definitely be Death but he will be held in a Supermax for sure until such time the Execution can be carried out due to the security requirements.

The other issues regarding the trial that will definitely need to be addressed is ensuring the safety of the Prosecutors, The Judge presiding and the Jury and all of their loved ones even long after the trial ends and if Bin Laden gets executed (Assuming that he is still alive when all of the appeals are exhausted) as every one of them would likely end up living out the rest of their days needing protection (Bin Laden's followers or any radical Islamist would likely target them in retaliation). Any defense lawyer that even decides to accept Bin Laden as a client would need to be one that's definitely got nothing to lose. If cameras are allowed in the courtroom it would only if the government takes extreme measures and sets up the means for the Jury to be able to hear the case away from the courtroom at an "Undisclosed Location" somewhere.

It will likely be years before the trial even begins due to both the circumstances of the case and the time needed for both sides to adequately prepare.
 
the official story is that he was shot while reaching for a gun when one of the SEALs burst into his room. Is there any real reason to doubt that? Which makes taking him alive problematic... maybe he's in a different room and gets taken down by a flash/bang or something?
They were going for maximum chance of success failure wasn't an acceptable outcome. The helicopter crash messed up the original plan ,which was to drop several seals on Bin Ladin's bedroom balcony and catch him in his sleep.
 
I’m guessing there’ll be a legal argument over the circumstances of his “spirited away,” his lawyers would probably argue that his extraordinary rendition was illegal.

If he goes to trial I’d suspect he’d reveal details of his past dealings with the CIA and other western intelligence services. The whole thing will be a circus and very embarrassing for a lot of people. Therefore despite whatever official orders had been given I doubt the SEALS seriously tried to take him alive.

The CIA and Bin Laden never actually had a relationship. That's a myth.
 
The trial is a circus - question is will he be tried in New York, Pennsylvania or Virginia, or somewhere else?

Only question is does he get death, or 23 hours a day in a Supermax?

It could always be like the James Holmes trial (Batman shooter) and there could be a way to get the jury to avoid the death penatly for Osama, in which case, yes, he'll wind up in the Supermax alongside so many other noted criminals.
 
Regarding the trial where it is held likely depends on how the area that's chosen can adequately deal with the extreme security requirements that will be needed.

Regarding what sentence Bin Laden gets it will definitely be Death but he will be held in a Supermax for sure until such time the Execution can be carried out due to the security requirements.

The other issues regarding the trial that will definitely need to be addressed is ensuring the safety of the Prosecutors, The Judge presiding and the Jury and all of their loved ones even long after the trial ends and if Bin Laden gets executed (Assuming that he is still alive when all of the appeals are exhausted) as every one of them would likely end up living out the rest of their days needing protection (Bin Laden's followers or any radical Islamist would likely target them in retaliation). Any defense lawyer that even decides to accept Bin Laden as a client would need to be one that's definitely got nothing to lose. If cameras are allowed in the courtroom it would only if the government takes extreme measures and sets up the means for the Jury to be able to hear the case away from the courtroom at an "Undisclosed Location" somewhere.

It will likely be years before the trial even begins due to both the circumstances of the case and the time needed for both sides to adequately prepare.
Of course, our little rich kid could be saddled with a public defender (which in the federal system is actually pretty decent). After all, most of his assets have been frozen, so he has no legitimate source of income. And the Federal Public Defender is no stranger to representing people who the whole country would be willing to summarily execute (the way they see it, it's a civic duty, in the same way John Adams saw it when he was defense attorney during the Boston Massacre trial).
 
Of course, our little rich kid could be saddled with a public defender (which in the federal system is actually pretty decent). After all, most of his assets have been frozen, so he has no legitimate source of income. And the Federal Public Defender is no stranger to representing people who the whole country would be willing to summarily execute (the way they see it, it's a civic duty, in the same way John Adams saw it when he was defense attorney during the Boston Massacre trial).

There is no way Osama bin Laden wouldn't find a lawyer to represent him. The only way he wouldn't is if he chooses to represent himself, and even then, he'll still have no doubt very good legal counsel. Again, see the Khalid Sheikh Mohammad cases for a good example of how things might play out, although the US would certainly be trying to avoid a repeat of KSM's case.
 
I can't see any benefit to taking OBL alive. A trial as "propaganda" for the American legal system - surely you jest. Those who believe in the rule of law don't need that, and since he is being tried by "crusader" law, not Sharia, those who are favorable to him will see this as a kangaroo court and no net gain. When, not if, he is convicted and sentenced to death, you'll have a raft of protesters out there, not because they say he is innocent but rather because they are sincerely opposed to the death penalty for anyone for any reason. Having OBL alive in a cell somewhere means you will have many more attempts to get hostages to trade for him (think attempts to hold an entirely elementary school hostage) and a much higher death toll of Americans. I doubt there is much intel you can get from OBL you don't get from his computers and documents. Add it all up, dead and dumped at sea is better all the way around.
 
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