Shep Smith On Ghailani Civilian Trial: Why The Hell Have A Show Trial?

It’s fairly common knowledge that Shep Smith does not toe the Fox News line and today’s segment about the trial of Ahmed Ghailani, which got underway in Manhattan today was just the latest example. Ghailaini, you’re probably aware, is on trial for the 1998 bombings of U.S. embassies in Tanzania and Kenya that killed 224 people. His is also the first civilian trial for a Guantanamo Bay detainee.

During the segment today Shep questioned whether the trial had any chance of success now that the judge had banned the testimony of the prosecution’s star witness “saying investigators only learned about him after harshly interrogating Ghailani.”

Charles Swift, Lt. Cmd Navy Judge Advocate General, whom Shep was talking to, however, assured Shep other trials had proceeded with success under identical circumstances and furthermore even if Ghailani wasn’t found guilty the United States would continue to hold him as a military detainee. This proved too much for Shep.

Isn’t that a fascinating thing the United States can now do. It would almost be funny if it weren’t so deadly serious. It’s as if my grandmother were charged with running somebody over with her car and they said well we’re going to decide if you did that or not. And in the end if they say, no Mrs. Greene, you didn’t run over this man, but you know what we’re going to lock you up over here anyway because we can do whatever the hell we want. How did this happen in America?

What sort of example is the “shining city on a hill” setting, Shep wanted to know. “It’s the most difficult question in the War on Terror, so to speak,” said Swift before noting that the country “can’t have it both ways” and perhaps we shouldn’t be holding civilian trials for military detainees. Shep appeared to agree: “If you’re gonna do whatever the hell you want to do anyway, just don’t charge them….why have a show trial.” Indeed. Watch below.