Perhaps the Scott Brown victory in Massachusetts has had a liberating effect on Democrats. No longer do they cling to the notion that their political survival depends on adhering to the Obama position on everything from health care to national security. Indeed, now might be just the time to demonstrate some independence and clearheaded thinking. In that vein, a bipartisan group of senators has now called for a reversal of the decision to try KSM in civilian court. Sens. Joe Lieberman, Jim Webb, Blanche Lincoln, Susan Collins, John McCain, and Lindsey Graham have written to Eric Holder. The letter reads in part:
We and many others have already expressed serious concerns about whether a trial in civilian court might compromise classified evidence, including revealing sources and methods used by our intelligence community. We are also very concerned that, by bringing Khalid Sheikh Mohammed and other terrorists responsible for 9/11 to the federal courthouse in lower Manhattan, only blocks away from where the Twin Towers once stood, you will be providing them one of the most visible platforms in the world to exalt their past acts and to rally others in support of further terrorism. Such a trial would almost certainly become a recruitment and radicalization tool for those who wish us harm.
The security and other risks inherent in holding the trial in New York City are reflected in Mayor Bloomberg’s recent letter to the administration advising that New York City will be required to spend more than $200 million per year in security measures for the trial. As Mayor Bloomberg and Police Commissioner Kelly know too well, the threat of terrorist acts in New York City is a daily challenge. Holding Khalid Sheikh Mohammed’s trial in that city, and trying other enemy combatants in venues such as Washington, DC and northern Virginia, would unnecessarily increase the burden of facing those challenges, including the increased risk of terrorist attacks.
The bottom line, say the senators: “Given the risks and costs, it is far more logical, cost-effective, and strategically wise to try Khalid Sheikh Mohammed in the military commissions that Congress and the President have now established for that very purpose.”
It is noteworthy that the junior senator from New York is not among the signatories. Perhaps her new primary opponent will weigh in.
This is the first serious bipartisan challenge to the ill-conceived decision to extend the benefits of a civilian trial to the 9/11 terrorists. The number of Democrats who now feel compelled to step forward is also noteworthy. And what will their colleagues say if this comes to a vote? Will they rise to the defense of Holder and Obama, or will they concede this was a misguided experiment?
Perhaps the time has come for Congress to assert itself, declare its intentions regarding the jurisdiction of the federal courts, and put some daylight between the unpopular and dangerous “not-Bush” anti-terror policies of the Obami. If so, this is a critical and welcomed development and the beginning of a sane reversal of Obama policies that have proven unworkable and politically unpalatable beyond the confines of the campaign trail. There is much Congress can do: resolutions, funding, and legislation. It is not too late to correct the errors of the Obami’s first year.