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The End of the “Not Bush” Experiment?

The Hill reports:

Rep. Pete King (N.Y.), the ranking Republican on the Homeland Security Committee, said he would attempt to add language barring any money from being spent on trying alleged terrorists in civilian courts to the intelligence authorization bill. . . In the next week, King said, he will be fine-tuning the language to make it germane to the intelligence authorization bill. If he is unsuccessful or it doesn’t pass, he vowed to continue to offer the bill throughout the rest of the year whenever he sees an opportunity.

This seems like a fine idea. If, as Obama keeps declaring, we got “off track” during the Bush years (oh, except for the parts which the Obami claim were identical to what Obama is now doing) and betrayed our “values,” he should welcome a robust debate about the wisdom of trying jihadists in civilian courtrooms. Granted, a New York venue seems like a nonstarter now, but Eric Holder and Obama insist that that civilian trials are the way to go. They tell us that it’s going to prove (to whom?) the wonders of the American judicial system — before they absolutely, positively guarantee a conviction. (And such reasoning requires one to put aside, I suppose, that military tribunals authorized by Congress are part of that judicial system.)

The Obami must sense they are on thin ice. Sens. Pat Leahy and Dianne Feinstein sent a letter to the White House (I’m sure it was requested) singing the praises of federal court trials for terrorists. But there is a groundswell of opposition building:

King and Rep. Frank Wolf (Va.), the top Republican on the subcommittee that funds the Justice Department, are leading the House drive to prevent any funds from being spent on prosecuting Guantanamo Bay detainees in U.S. federal courts. Sen. Lindsey Graham (R-S.C.) is leading a similar legislative initiative in the Senate. Sen. Blanche Lincoln (D-Ark.), who is in a tight reelection race, signed on as a co-sponsor to Graham’s bill. . . . Last week, two House Democrats, Reps. Jason Altmire (Pa.) and Mike McMahon (N.Y.), jumped onto King and Wolf’s bill as co-sponsors, a sign that support in the Democratic Caucus for Obama’s detainee policies has deteriorated in recent weeks amid growing concern about how voters will view the White House’s national security policies at the polls in November

The public in survey after survey opposes the criminal-justice model Obama still clings to. The president will have the chance to make his pitch and convince the public of the merits of his view. Indeed, snatching the decision-making process away from the hapless Eric Holder, who botched the New York trial roll-out, Obama declares that he will insert himself in the process and decide the locale of the KSM trial.

But I suspect the whole experiment is unraveling as those on the ballot this year sense that there is no appetite for this sort of thing. Even Holder seemed to leave the door open to trying KSM in a military tribunal. (“‘At the end of the day, wherever this case is tried, in whatever forum, what we have to ensure is that it’s done as transparently as possible and with adherence to all the rules,’ Holder said. ‘If we do that, I’m not sure the location or even the forum is as important as what the world sees in that proceeding.’”)

Well, perhaps it was the “not Bush” approach to terrorism that was seriously off track and flew in the face of the values and common sense of the American people. If Congress is stepping up to the plate and the administration is groping for an exit plan, we may finally arrive at a rational approach to fighting Islamic fascists — one that looks a whole lot like the Bush approach.



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