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When Does an Unfulfilled Political Promise Become a Lie?

The president and his hapless attorney general (who, like the former director of National Intelligence, Dennis Blair, seems to be handicapped by his inability to go out in public without unnerving political supporters and giving fodder to opponents) repeatedly promised that they would reverse the Bush administration’s alleged proclivity to politicize the administration of justice. In the end, the accusations against the Bush team proved to be generally groundless (John Yoo and Jay Bybee were cleared, and the allegations that Yoo intentionally provided faulty legal advice were specifically rejected) or trivial (e.g., replacing nine U.S. attorneys, in contrast to other administrations, which replaced all of them). And in the politicization department, no one holds a candle to the Obama team.

This report explains that for all the crying about upholding our legal traditions and rejecting the “lawless” Bush team, the Obama gang is delaying a decision on the KSM trial until the election is in the rear-view mirror. It’s hard to get more political than that (unless, of course, it’s dismissing the New Black Panther intimidation case because left-wing civil rights groups and Holder’s lawyers don’t like enforcing the civil rights laws against minority defendants). Josh Gerstein reports:

Attorney General Eric Holder said the decision over where to hold the trial for alleged 9/11 plotter Khalid Sheikh Mohammad was “weeks away” — three months ago. Now advocates on both sides of the issue say they expect the Obama administration to punt the decision until after the November midterm elections — when the controversial plan could do less damage to the political fortunes of endangered Democrats and might face less resistance on Capitol Hill.

Holder last week explicitly denied the midterms had anything to do with the timing but would only say discussions are continuing. The White House had no comment. Any further stalling could pose a serious political problem for President Barack Obama on the left — where advocates cheered his administration’s plan to break from the Bush administration and give top al-Qaida figures trials in American courtrooms, a sign to the country and the world that U.S.-style justice was enough to try to men accused of the worst crimes in the nation’s history. … Advocates say the signs of foot-dragging are evident. The Democrats’ political fortunes have dipped further, talks on the broader issue of Guantanamo closure have ground to a halt and the House took a little-noticed vote to block transporting any Gitmo detainees to the United States, for any reason.

The Obama administration plainly doesn’t have the nerve to stand up to its own base, so it delays and delays. Not exactly upholding our fundamental values, as Obama often preened. When the Bush administration had to combat endless attacks on its detainee procedures, the left, of course, excoriated the Bush Justice Department for dragging its feet and holding detainees in limbo. Some are shocked, shocked, to discover that the Obama gang is much worse:

“The worst possible outcome is not making a decision. … There’s a genuinely weird paralysis I would not have predicted,” said Ben Wittes, a Brookings Institution scholar who has urged Obama to announce that there will be no trials for the 9/11 suspects. “It’s disgraceful and they should be embarrassed by it. There are pros and cons of any approach you take, but there is no good argument to let this fester indefinitely.”

If there were Democrats willing to exercise any semblance of congressional oversight, the administration might be pressured to end the “weird” and entirely self-imposed paralysis. But for now, onlookers can only fume:

While “swift and certain justice” once was a regular part of the White House lexicon on Guantanamo and detainee trials, that catchphrase has now vanished along with the prospect of anything swift happening to most of the prisoners slated for continued detention or trial.

“Both the 9/11 and the Cole families had the president look them in the eye and say, ‘We’re going to close Gitmo, move forward with this process, and hold people accountable,’” said Commander Kirk Lippold, a proponent of military trials who was the commanding officer aboard the U.S.S. Cole when it was attacked in Yemen in 2000. “When does an unfulfilled political promise become a lie?” Lippold asked.

Now, there’s a question for Holder for his next outing on Capitol Hill.



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