Commentary Magazine


Topic: Holder

Flotsam and Jetsam

What does Hillary need with a VP slot on an Obama ticket? Hillaryland eyes 2016. By then maybe voters will have forgotten what a mediocre secretary of state she was.

What does a tsunami look like? “In a poll of 12 hotly contested races that could decide who controls the House in the 112th Congress, Republican challengers are beating freshman Democrats in 11 — and in the last one, the race is tied.”

What does less than two years of the Obama presidency do to his party? “Working-class whites are favoring Republicans in numbers that parallel the GOP tide of 1994 when the party grabbed control of the House after four decades. The increased GOP tilt by these voters, a major hurdle for Democrats struggling to keep control of Congress in next month’s elections, reflects a mix of two factors, an Associated Press-GfK poll suggests: unhappiness with the Democrats’ stewardship of an ailing economy that has hit this group particularly hard, and a persistent discomfort with President Barack Obama.”

What does it say about the mood of the country (and Rahm Emanuel’s chances) when even Chicagoans are disappointed in Obama? “Even in President Barack Obama’s hometown, they had hoped for more. … But nearly two years after Obama took office, while the president remains widely popular in the city, his image has slipped a bit as many people wonder where the promised change and jobs are, even if they believe such talk is probably a bit unfair.”

What does the civilian judicial system offer terrorists that military tribunals don’t? “Minutes before a major terrorism trial was about to begin, a federal judge barred prosecutors in Manhattan on Wednesday from using a key witness. The government had acknowledged it learned about the witness from the defendant, Ahmed Khalfan Ghailani, while he was being interrogated and held in a secret overseas jail run by the Central Intelligence Agency.”

What does Liz Cheney have to say about this? “The Obama Administration has dedicated itself to providing al Qaeda terrorists the kind of due process rights normally reserved for American citizens. By insisting on trying Ahmed Ghailani in civilian court with full constitutional rights, instead of by military commission, President Obama and Attorney General Holder are jeopardizing the prosecution of a terrorist who killed 224 people at U.S. Embassies in Kenya and Tanzania. If the American people needed any further proof that this Administration’s policy of treating terrorism like a law enforcement matter is irresponsible and reckless, they received it today.”

What does Jeffrey Goldberg feel obliged to do? Explain to the Beagle Blogger what was wrong with Rick Sanchez’s anti-Semitic rant. A better question is what is the Atlantic doing with a writer who flaunts his indifference to anti-Semitism. (“It’s all about the clicks!” a colleague tells me. Yeah, but still.)

What does Hillary need with a VP slot on an Obama ticket? Hillaryland eyes 2016. By then maybe voters will have forgotten what a mediocre secretary of state she was.

What does a tsunami look like? “In a poll of 12 hotly contested races that could decide who controls the House in the 112th Congress, Republican challengers are beating freshman Democrats in 11 — and in the last one, the race is tied.”

What does less than two years of the Obama presidency do to his party? “Working-class whites are favoring Republicans in numbers that parallel the GOP tide of 1994 when the party grabbed control of the House after four decades. The increased GOP tilt by these voters, a major hurdle for Democrats struggling to keep control of Congress in next month’s elections, reflects a mix of two factors, an Associated Press-GfK poll suggests: unhappiness with the Democrats’ stewardship of an ailing economy that has hit this group particularly hard, and a persistent discomfort with President Barack Obama.”

What does it say about the mood of the country (and Rahm Emanuel’s chances) when even Chicagoans are disappointed in Obama? “Even in President Barack Obama’s hometown, they had hoped for more. … But nearly two years after Obama took office, while the president remains widely popular in the city, his image has slipped a bit as many people wonder where the promised change and jobs are, even if they believe such talk is probably a bit unfair.”

What does the civilian judicial system offer terrorists that military tribunals don’t? “Minutes before a major terrorism trial was about to begin, a federal judge barred prosecutors in Manhattan on Wednesday from using a key witness. The government had acknowledged it learned about the witness from the defendant, Ahmed Khalfan Ghailani, while he was being interrogated and held in a secret overseas jail run by the Central Intelligence Agency.”

What does Liz Cheney have to say about this? “The Obama Administration has dedicated itself to providing al Qaeda terrorists the kind of due process rights normally reserved for American citizens. By insisting on trying Ahmed Ghailani in civilian court with full constitutional rights, instead of by military commission, President Obama and Attorney General Holder are jeopardizing the prosecution of a terrorist who killed 224 people at U.S. Embassies in Kenya and Tanzania. If the American people needed any further proof that this Administration’s policy of treating terrorism like a law enforcement matter is irresponsible and reckless, they received it today.”

What does Jeffrey Goldberg feel obliged to do? Explain to the Beagle Blogger what was wrong with Rick Sanchez’s anti-Semitic rant. A better question is what is the Atlantic doing with a writer who flaunts his indifference to anti-Semitism. (“It’s all about the clicks!” a colleague tells me. Yeah, but still.)

Read Less

Flotsam and Jetsam

Andy McCarthy explains: “After months of delay, DOJ officials released what they claim is the back-up for Attorney General Holder’s oft-repeated and outlandish claim that there are ‘hundreds’ of convicted ‘terrorists’  incarcerated in federal prisons, which ‘fact’ supposedly shows that civilian justice processes are our best method of trying, convicting and securely detaining terrorists.” Most of the 403 supposed cases aren’t really terrorism cases at all.

The latest ObamaCare victim: AT &T, its shareholders, employees and retirees: “AT&T Inc. will take a $1 billion non-cash accounting charge in the first quarter because of the health care overhaul and may cut benefits it offers to current and retired workers.”

And then there is 3M, which announced that “it expects to record a one-time non-cash charge of $85 to $90 million after tax, or approximately 12 cents per share, in the first quarter of 2010, resulting from the recently enacted Patient Protection and Affordable Care Act, including modifications made in the Health Care and Education Reconciliation Act of 2010 passed by Congress on March 25, 2010.”

You wonder whether anyone in the White House pays attention to headlines like this: “Is Economy’s Momentum About to Hit a Wall?” And, that was before ObamaCare hit.

The White House gloats: “Best week we’ve had in a long damn time.” Yes, it was quite a week — taking over 1/6th of the economy and beating up on Israel. Nothing quite thrills the Chicago pols like the display of brute political force.

You knew this was coming: “Michigan Right to Life has always endorsed Congressman Bart Stupak (D-MI) and was backing him for re-election this year. But after his pivotal vote for health care reform without the inclusion of legally binding language banning taxpayer funding of abortion, the group has rescinded its endorsement and pledged to support his Republican challenger, Dan Benishek.”

John Noonan, on the Obami’s anti-Israel gambit: “President Obama’s stewardship of the special U.S.-Israel relationship has been nothing short of shameful. But, beyond that, his behavior towards Netanyahu doesn’t make a lick of sense. There’s no quantifiable end game here. Obama is either so caught up in his own personality cult that he honestly believes he can drive a wedge between the Israeli electorate and Netanyahu’s fragile government (unlikely), or he’s just that infantile — throwing a temper tantrum over an ill-timed settlement announcement. . . . This is just another example of the White House’s lean towards ideology over pragmatism, and how smart power has proven to be anything but.”

David Axelrod to speak to the National Democratic Jewish Council on April 22. Here’s the time for choosing: are they simply flunkies for the administration or will they protest and condemn the shameless treatment of Israel? Well, I’m under no illusions.

Andy McCarthy explains: “After months of delay, DOJ officials released what they claim is the back-up for Attorney General Holder’s oft-repeated and outlandish claim that there are ‘hundreds’ of convicted ‘terrorists’  incarcerated in federal prisons, which ‘fact’ supposedly shows that civilian justice processes are our best method of trying, convicting and securely detaining terrorists.” Most of the 403 supposed cases aren’t really terrorism cases at all.

The latest ObamaCare victim: AT &T, its shareholders, employees and retirees: “AT&T Inc. will take a $1 billion non-cash accounting charge in the first quarter because of the health care overhaul and may cut benefits it offers to current and retired workers.”

And then there is 3M, which announced that “it expects to record a one-time non-cash charge of $85 to $90 million after tax, or approximately 12 cents per share, in the first quarter of 2010, resulting from the recently enacted Patient Protection and Affordable Care Act, including modifications made in the Health Care and Education Reconciliation Act of 2010 passed by Congress on March 25, 2010.”

You wonder whether anyone in the White House pays attention to headlines like this: “Is Economy’s Momentum About to Hit a Wall?” And, that was before ObamaCare hit.

The White House gloats: “Best week we’ve had in a long damn time.” Yes, it was quite a week — taking over 1/6th of the economy and beating up on Israel. Nothing quite thrills the Chicago pols like the display of brute political force.

You knew this was coming: “Michigan Right to Life has always endorsed Congressman Bart Stupak (D-MI) and was backing him for re-election this year. But after his pivotal vote for health care reform without the inclusion of legally binding language banning taxpayer funding of abortion, the group has rescinded its endorsement and pledged to support his Republican challenger, Dan Benishek.”

John Noonan, on the Obami’s anti-Israel gambit: “President Obama’s stewardship of the special U.S.-Israel relationship has been nothing short of shameful. But, beyond that, his behavior towards Netanyahu doesn’t make a lick of sense. There’s no quantifiable end game here. Obama is either so caught up in his own personality cult that he honestly believes he can drive a wedge between the Israeli electorate and Netanyahu’s fragile government (unlikely), or he’s just that infantile — throwing a temper tantrum over an ill-timed settlement announcement. . . . This is just another example of the White House’s lean towards ideology over pragmatism, and how smart power has proven to be anything but.”

David Axelrod to speak to the National Democratic Jewish Council on April 22. Here’s the time for choosing: are they simply flunkies for the administration or will they protest and condemn the shameless treatment of Israel? Well, I’m under no illusions.

Read Less

Yoo and Bybee Cleared, Justice Department’s Shoddy Investigation Exposed

The Justice Department has finally closed a sorry chapter in its history — the attempt to criminalize the work of Department lawyers who rendered legal judgment on the use of enhanced interrogation techniques in the wake of the worst terrorist attack in American history. The Office of Professional Responsibility, as the Washington Post report notes, had doggedly pursued John Yoo and Jay Bybee, who as Justice Department lawyers authored memos providing advice and direction on enhanced interrrogation methods including waterboarding. In a Friday information dump (which tells you it does not aid the cause of the administration and those seeking Yoo’s and Bybee’s punishment), we got a glimpse at two drafts of OPR’s report, its final report, and then the recommendation of David Margolis, a career lawyer and Associate Deputy Attorney General.

Margolis’s report is 69 pages long. Margolis essentially shreds the work of OPR, finding no basis for a referral of professional misconduct for either lawyer. It is noteworthy that all throughout, Margolis adopts many of the criticisms of OPR’s work that outgoing Attorney General Michael Mukasey and his deputy Mark Filip rendered before leaving office at the end of the Bush administration.

At times the work of OPR itself seems to have violated the professional standards it was charged with enforcing. Sloppiness abounds. Margolis finds, for example, that OPR applied the wrong legal standard, the “preponderance of evidence” rather than the more stringent clear and convincing evidence” standard that state bar proceedings would utilize. (p. 11) Margolis also concludes that OPR’s findings “do not identify violation of a specific bar rule.” ( p. 12) Margolis further notes that OPR’s analysis and legal standard shifted from draft to draft. (pp.13, 15-16)

Margolis explains that OPR was counseled to consider “the conduct of Yoo and Bybee in light of circumstances that then existed. Interestingly, Margolis reveals that OPR was told to consider that Yoo and Bybee rendered advice when “American lives were particularly at risk at the time.” (p. 16) OPR didn’t do so. Bybee’s successor assistant attorney Jack Goldsmith, who withdrew one of the memos at issue and was subsequently critical of Bush era interrogation polices, made an unsolicited submission urging that OPR should be “exercis[ing] great caution when assessing the professional responsibility of executive branch attorneys who act in time of national security crisis. Any standard that would have landed Robert Jackson [famed Nuremberg prosecutor and Supreme Court Justice] in trouble cannot be the right standard.” (pp. 19-20)

Margolis then goes methodically through the various legal work of Yoo and Bybee that OPR had found as the basis for professional misconduct. (pp. 21-64). At times Margolis found that OPR simply substituted its own judgment for that of Yoo and Bybee. (p.40) On other points Margolis found the analysis of Yoo and Bybee “debatable” (p. 64) and on some points he found the analysis flawed. But in no instance did he find they had violated their professional obligations. As to Bybee: “I conclude the preponderance of evidence does not support a finding that he knowlingly or recklessly provided incorrect advice or that he exercised bad faith.” (p. 64) OPR concluded that Yoo engaged in intentional misconduct. Again, Margolis concludes otherwise. (pp. 65-67). He notes that Yoo consulted in good faith with a criminal law expert in the Department, John Philbin. He criticizes what he calls Yoo’s “own extreme, albeit sincerely held, views of executive power,” but finds he did not “knowingly provide inaccurate legal advice to his client or that he acted with conscious indifference to the consequences of his action.” (p. 67)

The bottom line: Margolis finds the work of Yoo and Bybee “contained some significant flaws,” but that “the number and significance of them can now be debated.” (p. 68) What is clear is that there is no basis — and never was — for stripping these lawyers of their professional licenses, let alone criminally prosecuting them as many on the Left demanded. What is equally clear is that the work of OPR was shoddy, itself suspect, and ultimately rejected on many of the same grounds that Mukasey, Filip, Yoo, and Bybee raised — after years of inquiry and after certainly imposing much emotional and financial burden on Yoo and Bybee.

House Judiciary Chairman John Conyers is furious that Yoo and Bybee are not to be strung up. The real question, however, is why it took this long to clear the two lawyers and why OPR should have been permitted to flail around for years, putting at risk the professional reputations and savings of lawyers whose legal prowess fair exceeded theirs. It seems as though when counting up the “significant” flaws in legal work, OPR “wins” hands down. Read More

The Justice Department has finally closed a sorry chapter in its history — the attempt to criminalize the work of Department lawyers who rendered legal judgment on the use of enhanced interrogation techniques in the wake of the worst terrorist attack in American history. The Office of Professional Responsibility, as the Washington Post report notes, had doggedly pursued John Yoo and Jay Bybee, who as Justice Department lawyers authored memos providing advice and direction on enhanced interrrogation methods including waterboarding. In a Friday information dump (which tells you it does not aid the cause of the administration and those seeking Yoo’s and Bybee’s punishment), we got a glimpse at two drafts of OPR’s report, its final report, and then the recommendation of David Margolis, a career lawyer and Associate Deputy Attorney General.

Margolis’s report is 69 pages long. Margolis essentially shreds the work of OPR, finding no basis for a referral of professional misconduct for either lawyer. It is noteworthy that all throughout, Margolis adopts many of the criticisms of OPR’s work that outgoing Attorney General Michael Mukasey and his deputy Mark Filip rendered before leaving office at the end of the Bush administration.

At times the work of OPR itself seems to have violated the professional standards it was charged with enforcing. Sloppiness abounds. Margolis finds, for example, that OPR applied the wrong legal standard, the “preponderance of evidence” rather than the more stringent clear and convincing evidence” standard that state bar proceedings would utilize. (p. 11) Margolis also concludes that OPR’s findings “do not identify violation of a specific bar rule.” ( p. 12) Margolis further notes that OPR’s analysis and legal standard shifted from draft to draft. (pp.13, 15-16)

Margolis explains that OPR was counseled to consider “the conduct of Yoo and Bybee in light of circumstances that then existed. Interestingly, Margolis reveals that OPR was told to consider that Yoo and Bybee rendered advice when “American lives were particularly at risk at the time.” (p. 16) OPR didn’t do so. Bybee’s successor assistant attorney Jack Goldsmith, who withdrew one of the memos at issue and was subsequently critical of Bush era interrogation polices, made an unsolicited submission urging that OPR should be “exercis[ing] great caution when assessing the professional responsibility of executive branch attorneys who act in time of national security crisis. Any standard that would have landed Robert Jackson [famed Nuremberg prosecutor and Supreme Court Justice] in trouble cannot be the right standard.” (pp. 19-20)

Margolis then goes methodically through the various legal work of Yoo and Bybee that OPR had found as the basis for professional misconduct. (pp. 21-64). At times Margolis found that OPR simply substituted its own judgment for that of Yoo and Bybee. (p.40) On other points Margolis found the analysis of Yoo and Bybee “debatable” (p. 64) and on some points he found the analysis flawed. But in no instance did he find they had violated their professional obligations. As to Bybee: “I conclude the preponderance of evidence does not support a finding that he knowlingly or recklessly provided incorrect advice or that he exercised bad faith.” (p. 64) OPR concluded that Yoo engaged in intentional misconduct. Again, Margolis concludes otherwise. (pp. 65-67). He notes that Yoo consulted in good faith with a criminal law expert in the Department, John Philbin. He criticizes what he calls Yoo’s “own extreme, albeit sincerely held, views of executive power,” but finds he did not “knowingly provide inaccurate legal advice to his client or that he acted with conscious indifference to the consequences of his action.” (p. 67)

The bottom line: Margolis finds the work of Yoo and Bybee “contained some significant flaws,” but that “the number and significance of them can now be debated.” (p. 68) What is clear is that there is no basis — and never was — for stripping these lawyers of their professional licenses, let alone criminally prosecuting them as many on the Left demanded. What is equally clear is that the work of OPR was shoddy, itself suspect, and ultimately rejected on many of the same grounds that Mukasey, Filip, Yoo, and Bybee raised — after years of inquiry and after certainly imposing much emotional and financial burden on Yoo and Bybee.

House Judiciary Chairman John Conyers is furious that Yoo and Bybee are not to be strung up. The real question, however, is why it took this long to clear the two lawyers and why OPR should have been permitted to flail around for years, putting at risk the professional reputations and savings of lawyers whose legal prowess fair exceeded theirs. It seems as though when counting up the “significant” flaws in legal work, OPR “wins” hands down.

UPDATE: Yoo’s attorney has released a statement. It concludes: “OPR’s work in this matter was shoddy and biased. The only thing that warrants an ethical investigation out of this entire sorry business is the number of malicious allegations against Professor Yoo and Judge Bybee that leaked out of the Department during the last year. It is high time for Attorney General Holder to show that these leaks were not authorized or encouraged — for base partisan purposes — at the highest levels of his department. Mr. Holder can do so by identifying the culprits and referring them for prosecution or bar discipline, as appropriate.”

UPDATE II: Bybee’s attorney has released a statement as well: “After an investigation spanning more than five years, the U.S. Department of Justice has concluded that Judge Jay S. Bybee acted in good faith and did not engage in ethical or professional misconduct during his service in the Department’s Office of Legal Counsel.” The Department has also determined that the matter does not warrant further proceedings or referral to the District of Columbia Bar. Maureen E. Mahoney, Judge Bybee’s attorney, stated that “The Department correctly rejected all claims of ethical or professional misconduct by Judge Bybee. While this vindication was many years in the making, we are pleased that the matter has now been resolved in his favor. No public servant should have to endure the type of relentless, misinformed attacks that have been directed at Judge Bybee. We can only hope that the Department’s decision will establish once and for all that dedicated public officials may have honest disagreements on difficult matters of legal judgment without violating ethical standards.”

Read Less

And This Isn’t a Tribute to Our Legal System

One of the sillier arguments that the Obami have made in favor of a KSM civilian trial is that it will impress others (whom exactly it will impress is less than clear) with the wonders of our judicial system. There are plenty of reasons why this is a perfectly awful argument. For starters, our judicial system is a system of constitutional law and statute — both of which permit military tribunals for trying enemy combatants. So if anything, the Obami insistence on a civilian trial conveys the wrong message — namely, that for the sake of  political posturing the administration can make up rules as they go along.

But there is another important reason to doubt the “wonders of the judicial system” argument. Bill Burck and Dana Perino make the case that the Obami are bollixing up the KSM trial by their understandable but highly prejudicial statements:

Attorney General Holder, the nation’s top law-enforcement officer, has said KSM is guilty and should die. Check. The president has said more or less the same. Check. The entire political leadership of New York has announced that they cannot support trying him in New York City because of the disruption to the city and the sheer danger of holding KSM in downtown Manhattan. Check. The chair of the Senate Intelligence Committee, California Democrat Dianne Feinstein, has disclosed that the threat environment is such that trying KSM in New York City is just too dangerous. Check. The president’s chief spokesperson has said that no matter where KSM is tried, he “is going to meet his maker.” Check. It’s difficult to imagine anyplace in the United States that would not be prejudiced by these types of statements.

So it seems that the our system of criminal justice isn’t well suited and wasn’t designed to try enemy combatants. Turning terrorists over to the courts both harms our national security and sullies the court system, which is properly reserved for ordinary criminals, for whom the presumption of innocence is fundamental and respected by elected officials. In short, civilian trials of terrorists is a terrible idea, unworkable, politically untenable, and harmful to the legal system the Obami pretend to tout.

One of the sillier arguments that the Obami have made in favor of a KSM civilian trial is that it will impress others (whom exactly it will impress is less than clear) with the wonders of our judicial system. There are plenty of reasons why this is a perfectly awful argument. For starters, our judicial system is a system of constitutional law and statute — both of which permit military tribunals for trying enemy combatants. So if anything, the Obami insistence on a civilian trial conveys the wrong message — namely, that for the sake of  political posturing the administration can make up rules as they go along.

But there is another important reason to doubt the “wonders of the judicial system” argument. Bill Burck and Dana Perino make the case that the Obami are bollixing up the KSM trial by their understandable but highly prejudicial statements:

Attorney General Holder, the nation’s top law-enforcement officer, has said KSM is guilty and should die. Check. The president has said more or less the same. Check. The entire political leadership of New York has announced that they cannot support trying him in New York City because of the disruption to the city and the sheer danger of holding KSM in downtown Manhattan. Check. The chair of the Senate Intelligence Committee, California Democrat Dianne Feinstein, has disclosed that the threat environment is such that trying KSM in New York City is just too dangerous. Check. The president’s chief spokesperson has said that no matter where KSM is tried, he “is going to meet his maker.” Check. It’s difficult to imagine anyplace in the United States that would not be prejudiced by these types of statements.

So it seems that the our system of criminal justice isn’t well suited and wasn’t designed to try enemy combatants. Turning terrorists over to the courts both harms our national security and sullies the court system, which is properly reserved for ordinary criminals, for whom the presumption of innocence is fundamental and respected by elected officials. In short, civilian trials of terrorists is a terrible idea, unworkable, politically untenable, and harmful to the legal system the Obami pretend to tout.

Read Less

Time to Throw Holder Under the Bus?

Appearing on Fox News Sunday, Sen. Evan Bayh, perhaps hearing footsteps back home in an election year, said of the KSM trial that it “sounded good in theory way back when but, in practice, it just was not the right thing to do.” When pressed by Chris Wallace, he stated he would not vote for the $200 million or so needed for a civilian trial for KSM. He was not alone in criticizing the administration:

Republican Congressman Paul Ryan of Wisconsin argued these are the wrong decisions.  “We should have learned from the mistakes we made in the past.  We shouldn’t be Mirandizing foreign terrorists.  We should send them to military tribunals.  $200 million is about four times the startup cost of Guantanamo in the first place.”

Similarly, Republican Senator Lamar Alexander accused Attorney General Holder of “doing a better job of interrogating CIA employees than he is of interrogating terrorists.”

“He’s not making a distinction between enemy combatants, the terrorists who are flying into Detroit, blowing up plans, and American citizens who are committing a crime,” he added.

Alexander went so far as to call for Holder to step down.

Meanwhile, the administration’s official flack did not exactly give a ringing endorsement of either the KSM trial or of Holder himself. Appearing on CNN, Robert Gibbs would only say:

“He will be brought to justice, and he will likely be executed for the heinous crimes he has committed. … That you can be sure of.”

But he dodged repeated questions by CNN host John King about whether the administration might shift the venue back from federal court in New York to a military court, finally saying that “The attorney general believes the best place to try him is in an American courtroom,” but not committing to that option…

“We are talking with the authorities in New York,” Gibbs said. “We understand their logistical concerns. We have been discussing that with them.”

So this is all the attorney general’s idea, you see. Not exactly the “buck stops here” sort of decision-making we were assured we’d get from Obama. But aside from the lack of presidential accountability and candor (who believes Holder made this monumentally dumb decision with no input from the White House?), it does leave open the potential for a serious revision in personnel and policy.

There is wide consensus that the decision to try KSM in federal court in New York was a blunder. Suddenly, the wonders of military commissions have been rediscovered. The handling of the Christmas Day bomber is likewise the subject of broad criticism. Who is at the center of these and a host of other ill-advised decisions on the war on terror? Well, the president, of course, but he’s not going anywhere for three years. His attorney general, however, has had quite a run and is fast becoming a liability for the administration. What better way to pivot and restore some bipartisan credibility than to throw Holder under the proverbial bus?

We’ve learned that it takes a lot to get fired by Obama. But if anyone has earned that fate, it is Holder. His departure would earn praise from conservatives at a time when Obama is struggling to demonstrate some bipartisanship. It would suggest that there is hope yet for this administration to steer back toward the Center of the political spectrum and away from the netroot agenda that has proven utterly unworkable and politically toxic.

Appearing on Fox News Sunday, Sen. Evan Bayh, perhaps hearing footsteps back home in an election year, said of the KSM trial that it “sounded good in theory way back when but, in practice, it just was not the right thing to do.” When pressed by Chris Wallace, he stated he would not vote for the $200 million or so needed for a civilian trial for KSM. He was not alone in criticizing the administration:

Republican Congressman Paul Ryan of Wisconsin argued these are the wrong decisions.  “We should have learned from the mistakes we made in the past.  We shouldn’t be Mirandizing foreign terrorists.  We should send them to military tribunals.  $200 million is about four times the startup cost of Guantanamo in the first place.”

Similarly, Republican Senator Lamar Alexander accused Attorney General Holder of “doing a better job of interrogating CIA employees than he is of interrogating terrorists.”

“He’s not making a distinction between enemy combatants, the terrorists who are flying into Detroit, blowing up plans, and American citizens who are committing a crime,” he added.

Alexander went so far as to call for Holder to step down.

Meanwhile, the administration’s official flack did not exactly give a ringing endorsement of either the KSM trial or of Holder himself. Appearing on CNN, Robert Gibbs would only say:

“He will be brought to justice, and he will likely be executed for the heinous crimes he has committed. … That you can be sure of.”

But he dodged repeated questions by CNN host John King about whether the administration might shift the venue back from federal court in New York to a military court, finally saying that “The attorney general believes the best place to try him is in an American courtroom,” but not committing to that option…

“We are talking with the authorities in New York,” Gibbs said. “We understand their logistical concerns. We have been discussing that with them.”

So this is all the attorney general’s idea, you see. Not exactly the “buck stops here” sort of decision-making we were assured we’d get from Obama. But aside from the lack of presidential accountability and candor (who believes Holder made this monumentally dumb decision with no input from the White House?), it does leave open the potential for a serious revision in personnel and policy.

There is wide consensus that the decision to try KSM in federal court in New York was a blunder. Suddenly, the wonders of military commissions have been rediscovered. The handling of the Christmas Day bomber is likewise the subject of broad criticism. Who is at the center of these and a host of other ill-advised decisions on the war on terror? Well, the president, of course, but he’s not going anywhere for three years. His attorney general, however, has had quite a run and is fast becoming a liability for the administration. What better way to pivot and restore some bipartisan credibility than to throw Holder under the proverbial bus?

We’ve learned that it takes a lot to get fired by Obama. But if anyone has earned that fate, it is Holder. His departure would earn praise from conservatives at a time when Obama is struggling to demonstrate some bipartisanship. It would suggest that there is hope yet for this administration to steer back toward the Center of the political spectrum and away from the netroot agenda that has proven utterly unworkable and politically toxic.

Read Less

Wolf Turns Up the Heat on Black Panther Case

Rep. Frank Wolf turned up the heat on the Justice Department yesterday, introducing a Resolution of Inquiry that recounts the degree to which the Justice Department has stonewalled on efforts to find out why a serious case of voter intimidation was dismissed. Wolf wants the attorney general to hand over to the House all information relating to the dismissal of the case United States v. New Black Panther Party, the egregious voter-intimidation case that was captured on videotape. Wolf ‘s resolution explains:

This case was inexplicably dismissed earlier this year — over the ardent objections of the career attorneys overseeing the case as well as the department’s own appeal office.  I regret that Congress must resort to oversight resolutions as a means to receive information about the dismissal of this case, but the Congress and the American people have a right to know why this case was not prosecuted.

As ranking Republican member of the House Commerce-Justice-Science Appropriations Subcommittee that funds the Justice Department, I take oversight of the department very seriously. … Time and again over the last year, the department has stonewalled any effort to learn about the decision to dismiss this case. I have written Attorney General Holder on six occasions asking for an explanation for the dismissal of this case. To date, I have received no response from him.

Wolf recounts his efforts to get answers — from the DOJ inspector general, who passed the buck, to the Office of Professional Responsibility, supervised by the attorney general. He notes that he has written to OPR, but the office not only refused to share information but also provided an incomplete and inaccurate response from a legislative-affairs staff member. He also chides the inadequate congressional oversight of House Judiciary Chairman John Conyers and notes that the U.S. Commission on Civil Rights, also rebuffed, has been forced to resort to issuing subpoenas. Confirming press accounts, Wolf asserts that “the attorney general has instructed his department to ignore these subpoenas,” giving his employees the choice between obeying the law and complying with the attorney general’s obstruction, regardless of his standing as the nation’s chief law enforcer.

Wolf implores the House not to turn a “blind eye” to the attorney general’s obstruction. He also urges the attorney general to answer the commission’s inquiries. The resolution must be voted on by the Judiciary Committee and will likely be defeated in a party-line vote. But the issue is slowly and surely getting some visibility.

Perhaps more important, Wolf inserted in the appropriation bill for the Justice Department language that directs Justice to report back on the findings of the inquiry by the Office of Professional Responsibility and to advise Congress of its ensuing recommendations for action.

It seems as though the Obami’s plan to conceal the Black Panther case under the radar screen is being thwarted. As one Capitol Hill source told me of the Obama Justice Department, “They will HATE this … there is no dodging this now.” At the very least, we may find out why Obama political appointees subverted the efforts of career attorneys.

Rep. Frank Wolf turned up the heat on the Justice Department yesterday, introducing a Resolution of Inquiry that recounts the degree to which the Justice Department has stonewalled on efforts to find out why a serious case of voter intimidation was dismissed. Wolf wants the attorney general to hand over to the House all information relating to the dismissal of the case United States v. New Black Panther Party, the egregious voter-intimidation case that was captured on videotape. Wolf ‘s resolution explains:

This case was inexplicably dismissed earlier this year — over the ardent objections of the career attorneys overseeing the case as well as the department’s own appeal office.  I regret that Congress must resort to oversight resolutions as a means to receive information about the dismissal of this case, but the Congress and the American people have a right to know why this case was not prosecuted.

As ranking Republican member of the House Commerce-Justice-Science Appropriations Subcommittee that funds the Justice Department, I take oversight of the department very seriously. … Time and again over the last year, the department has stonewalled any effort to learn about the decision to dismiss this case. I have written Attorney General Holder on six occasions asking for an explanation for the dismissal of this case. To date, I have received no response from him.

Wolf recounts his efforts to get answers — from the DOJ inspector general, who passed the buck, to the Office of Professional Responsibility, supervised by the attorney general. He notes that he has written to OPR, but the office not only refused to share information but also provided an incomplete and inaccurate response from a legislative-affairs staff member. He also chides the inadequate congressional oversight of House Judiciary Chairman John Conyers and notes that the U.S. Commission on Civil Rights, also rebuffed, has been forced to resort to issuing subpoenas. Confirming press accounts, Wolf asserts that “the attorney general has instructed his department to ignore these subpoenas,” giving his employees the choice between obeying the law and complying with the attorney general’s obstruction, regardless of his standing as the nation’s chief law enforcer.

Wolf implores the House not to turn a “blind eye” to the attorney general’s obstruction. He also urges the attorney general to answer the commission’s inquiries. The resolution must be voted on by the Judiciary Committee and will likely be defeated in a party-line vote. But the issue is slowly and surely getting some visibility.

Perhaps more important, Wolf inserted in the appropriation bill for the Justice Department language that directs Justice to report back on the findings of the inquiry by the Office of Professional Responsibility and to advise Congress of its ensuing recommendations for action.

It seems as though the Obami’s plan to conceal the Black Panther case under the radar screen is being thwarted. As one Capitol Hill source told me of the Obama Justice Department, “They will HATE this … there is no dodging this now.” At the very least, we may find out why Obama political appointees subverted the efforts of career attorneys.

Read Less

Incentives for Terrorists

Reader Ben Orlanski weighed in yesterday with a key point on the treatment of Guantanamo detainees. His e-mail to Max Boot and me reads, in part:

The principal danger is further undermining the Geneva Conventions. These were, as you two know better than anyone, conventions to protect innocents by incentivizing decent behavior in war. Hence, protections are granted to those who fight decently, and are denied to those who don’t. The great danger here is that, by treating the indecent with decency, we undermine the very distinction the Geneva Conventions were designed to uphold, which, therefore, makes indecency (i.e., terrorism) more attractive, because it has more benefits and fewer disadvantages. … Obama’s plans to move terrorists to the US mainland is just another step in the same direction that has us trying KSM in civilian court.

Ben notes that some of the blurring of distinctions has already occurred thanks to the U.S. Supreme Court but argues it would be a mistake to compound the error. He directs our attention to a recent column by Bill McGurn, who detailed this argument in connection with the KSM trial:

We don’t often speak of incentives in war. That’s a loss, because the whole idea of, say, Geneva rights is based on the idea of providing combatants with incentives to do things that help limit the bloodiness of battle. These include wearing a uniform, carrying arms openly, not targeting civilians, and so on. Terrorists recognize none of these things. …

Why fight the Marines and risk getting killed yourself or locked up in Bagram forever when you can blow up American citizens on their own streets and gain the legal protections that give you a chance to go free? With this one step, Mr. Holder is giving al Qaeda a ghastly incentive: to focus more of their attacks on American civilians on American home soil.

And the argument, as Ben points out, is equally applicable to the planned closing of Guantanamo and the relocation of its detainees to U.S. prisons. Indeed, it seems to be the Obama team’s motive to eradicate the distinction between common criminals and the terrorists/detainees, not to mention the distinction (now partially eradicated) between terrorists and those who historically have been afforded protection under the Geneva Convention. The Obami intend to give the terrorists civilian trials, place them within the geographic jurisdiction of federal courts, house them in American prisons, and, as we saw with Richard Reid, afford them all the rights and privileges of ordinary criminals should they complain about their treatment.

In doing so, the administration not only provides perverse incentives to terrorists. It also conveys to them that, while they see this as a war, we do not. And that is the worst message we can possibly send.

Reader Ben Orlanski weighed in yesterday with a key point on the treatment of Guantanamo detainees. His e-mail to Max Boot and me reads, in part:

The principal danger is further undermining the Geneva Conventions. These were, as you two know better than anyone, conventions to protect innocents by incentivizing decent behavior in war. Hence, protections are granted to those who fight decently, and are denied to those who don’t. The great danger here is that, by treating the indecent with decency, we undermine the very distinction the Geneva Conventions were designed to uphold, which, therefore, makes indecency (i.e., terrorism) more attractive, because it has more benefits and fewer disadvantages. … Obama’s plans to move terrorists to the US mainland is just another step in the same direction that has us trying KSM in civilian court.

Ben notes that some of the blurring of distinctions has already occurred thanks to the U.S. Supreme Court but argues it would be a mistake to compound the error. He directs our attention to a recent column by Bill McGurn, who detailed this argument in connection with the KSM trial:

We don’t often speak of incentives in war. That’s a loss, because the whole idea of, say, Geneva rights is based on the idea of providing combatants with incentives to do things that help limit the bloodiness of battle. These include wearing a uniform, carrying arms openly, not targeting civilians, and so on. Terrorists recognize none of these things. …

Why fight the Marines and risk getting killed yourself or locked up in Bagram forever when you can blow up American citizens on their own streets and gain the legal protections that give you a chance to go free? With this one step, Mr. Holder is giving al Qaeda a ghastly incentive: to focus more of their attacks on American civilians on American home soil.

And the argument, as Ben points out, is equally applicable to the planned closing of Guantanamo and the relocation of its detainees to U.S. prisons. Indeed, it seems to be the Obama team’s motive to eradicate the distinction between common criminals and the terrorists/detainees, not to mention the distinction (now partially eradicated) between terrorists and those who historically have been afforded protection under the Geneva Convention. The Obami intend to give the terrorists civilian trials, place them within the geographic jurisdiction of federal courts, house them in American prisons, and, as we saw with Richard Reid, afford them all the rights and privileges of ordinary criminals should they complain about their treatment.

In doing so, the administration not only provides perverse incentives to terrorists. It also conveys to them that, while they see this as a war, we do not. And that is the worst message we can possibly send.

Read Less

Courage, Mr. Holder?

Debra Burlingame, sister of the pilot of Flight 77, which crashed into the Pentagon on 9/11, and co-founder of Keep America Safe and 9/11 Never Forget U.S., eviscerates Attorney General Holder in an op-ed in the New York Daily News. Not surprising, she objects to KSM’s being given a civilian-court trial. But the gravamen of her complaint is Holder’s particularly galling defense of his incomprehensible decision, namely that critics are “afraid” to give KSM a trial. Burlingame lets Holder have it. A portion:

How dare this man, who didn’t have the decency to notify victims’ families of his decision to bring these monsters here, imply that we lack courage. Courage is carrying on after watching your loved ones die, in real time, knowing that they burned to death, were crushed to death, or jumped from 100 flights high. Courage is carrying on, even as we waited, in some cases years, for something of our loved ones to bury. More than 1,100 families still wait.

How dare the attorney general suggest that the firefighters who oppose this trial need to “man up” and let this avowed enemy of America mock their brother firefighters in the country’s most magisterial setting, a federal court.

Nor is she going to let his comment about the “trial of the century” go unaddressed: “Well, Mr. Attorney General, Khalid Shaikh Mohammed has put you on notice. He’s going to give it to you. His trial will be lawyer-assisted jihad in the courtroom.”

Burlingame notes that more than 100,000 people immediately signed her group’s letter of protest to Holder (he apparently has not responded). I suspect she’ll have more before this is through.

Holder’s decision to afford KSM all the constitutional privileges of a criminal defendant was entirely unnecessary and will, I suspect, come back to haunt the administration if not reversed in some fashion. But as bad as the decision was, Holder’s roll-out and defense of it, as Burlingame points out, have been even worse.

Debra Burlingame, sister of the pilot of Flight 77, which crashed into the Pentagon on 9/11, and co-founder of Keep America Safe and 9/11 Never Forget U.S., eviscerates Attorney General Holder in an op-ed in the New York Daily News. Not surprising, she objects to KSM’s being given a civilian-court trial. But the gravamen of her complaint is Holder’s particularly galling defense of his incomprehensible decision, namely that critics are “afraid” to give KSM a trial. Burlingame lets Holder have it. A portion:

How dare this man, who didn’t have the decency to notify victims’ families of his decision to bring these monsters here, imply that we lack courage. Courage is carrying on after watching your loved ones die, in real time, knowing that they burned to death, were crushed to death, or jumped from 100 flights high. Courage is carrying on, even as we waited, in some cases years, for something of our loved ones to bury. More than 1,100 families still wait.

How dare the attorney general suggest that the firefighters who oppose this trial need to “man up” and let this avowed enemy of America mock their brother firefighters in the country’s most magisterial setting, a federal court.

Nor is she going to let his comment about the “trial of the century” go unaddressed: “Well, Mr. Attorney General, Khalid Shaikh Mohammed has put you on notice. He’s going to give it to you. His trial will be lawyer-assisted jihad in the courtroom.”

Burlingame notes that more than 100,000 people immediately signed her group’s letter of protest to Holder (he apparently has not responded). I suspect she’ll have more before this is through.

Holder’s decision to afford KSM all the constitutional privileges of a criminal defendant was entirely unnecessary and will, I suspect, come back to haunt the administration if not reversed in some fashion. But as bad as the decision was, Holder’s roll-out and defense of it, as Burlingame points out, have been even worse.

Read Less

Flotsam and Jetsam

COMMENTARY contributor Noah Pollak makes the convincing case that Iran and Syria have largely prevailed in using asymmetric warfare with surrogates against Israel: “It allows Iran and Syria to take credit in the region for antagonizing Israel without risking retaliation on their soil; it detaches conflict from regime security, reducing the disincentive for war; and it forces battles into densely-populated civilian areas, undermining the IDF’s military superiority and ensuring civilian destruction which today’s media and NGOs — an increasingly meaningless distinction — blame on Israel, not on the terrorist groups who start the wars.” The solution: take the fight to the source of the problem, using all available tools (“there is no reason why asymmetry cannot be countered with asymmetry, or new diplomatic and economic initiatives pursued”).

Fox News has an ACORN scoop: it seems that in California, one step ahead of the state attorney general’s investigation, the group tried to dump 20,000 documents that “point to illicit relationships between ACORN and a bank and a labor union — as well as confidential information that could put thousands at risk for identity theft.”

Tevi Troy notes the downgrading of the White House Chanukah party.

It’s not really 10.2 percent: “As experts debate the potential speed of the US recovery, one figure looms large but is often overlooked: nearly 1 in 5 Americans is either out of work or under-employed. According to the government’s broadest measure of unemployment, some 17.5 percent are either without a job entirely or underemployed. The so-called U-6 number is at the highest rate since becoming an official labor statistic in 1994.”

If you read nothing else on the KSM trial, read this interview with Bill Burck, former deputy counsel to President George W. Bush, who explains why Holder can’t guarantee a result and why the trial is such a bad idea. A sample: “Attorney General Holder has gone on record that he believes waterboarding is torture; and it is now known that KSM was subject to enhanced interrogation techniques, including repeated use of waterboarding. KSM’s lawyer will almost certainly ask the judge to throw out all the charges against him because he was allegedly tortured. How can the Department of Justice contest that KSM was tortured if the attorney general has gone on record that waterboarding is torture? They can’t.”

The Maryland Federation of College Republicans stand up to their Democratic counterparts, whose campaign director declared that “Israel is oppressing the Palestinian people.”

Kirsten who? “Ten months after Kirsten Gillibrand was appointed to the U.S. Senate by Governor David Paterson, the junior senator from New York has failed to become a household name among registered voters in New York State. 25% of the electorate thinks Gillibrand is doing either an excellent or good job in office, and 12% believes she is performing poorly. Perhaps, though, Gillibrand’s bigger concern is that 24% of the electorate is unsure how to rate her.”

One more time: “Sen. Joseph Lieberman, speaking in that trademark sonorous baritone, utters a simple statement that translates into real trouble for Democratic leaders: ‘I’m going to be stubborn on this.’ Stubborn, he means, in opposing any health-care overhaul that includes a ‘public option,’ or government-run health-insurance plan, as the current bill does. His opposition is strong enough that Mr. Lieberman says he won’t vote to let a bill come to a final vote if a public option is included.”

After spending like drunken sailors on a failed stimulus and a raft of domestic spending, Democrats now want to “pay as we go” — for the Afghanistan war.

Others have noticed that the mammography controversy raises an uncomfortable truth for ObamaCare backers: “The flap over breast cancer screening has provided a fascinating insight into the political future of ObamaCare. Specifically, the political left supports such medical rationing even as it disavows that any such thing is happening. … What’s really going on here is that the left knows its designs will require political rationing of care, but it doesn’t want the public to figure this out until ObamaCare passes. … Americans will simply have to accept that the price of government-run health care in the name of redistributive justice is that patients and their doctors must bow to the superior wisdom of HHS task forces.”

COMMENTARY contributor Noah Pollak makes the convincing case that Iran and Syria have largely prevailed in using asymmetric warfare with surrogates against Israel: “It allows Iran and Syria to take credit in the region for antagonizing Israel without risking retaliation on their soil; it detaches conflict from regime security, reducing the disincentive for war; and it forces battles into densely-populated civilian areas, undermining the IDF’s military superiority and ensuring civilian destruction which today’s media and NGOs — an increasingly meaningless distinction — blame on Israel, not on the terrorist groups who start the wars.” The solution: take the fight to the source of the problem, using all available tools (“there is no reason why asymmetry cannot be countered with asymmetry, or new diplomatic and economic initiatives pursued”).

Fox News has an ACORN scoop: it seems that in California, one step ahead of the state attorney general’s investigation, the group tried to dump 20,000 documents that “point to illicit relationships between ACORN and a bank and a labor union — as well as confidential information that could put thousands at risk for identity theft.”

Tevi Troy notes the downgrading of the White House Chanukah party.

It’s not really 10.2 percent: “As experts debate the potential speed of the US recovery, one figure looms large but is often overlooked: nearly 1 in 5 Americans is either out of work or under-employed. According to the government’s broadest measure of unemployment, some 17.5 percent are either without a job entirely or underemployed. The so-called U-6 number is at the highest rate since becoming an official labor statistic in 1994.”

If you read nothing else on the KSM trial, read this interview with Bill Burck, former deputy counsel to President George W. Bush, who explains why Holder can’t guarantee a result and why the trial is such a bad idea. A sample: “Attorney General Holder has gone on record that he believes waterboarding is torture; and it is now known that KSM was subject to enhanced interrogation techniques, including repeated use of waterboarding. KSM’s lawyer will almost certainly ask the judge to throw out all the charges against him because he was allegedly tortured. How can the Department of Justice contest that KSM was tortured if the attorney general has gone on record that waterboarding is torture? They can’t.”

The Maryland Federation of College Republicans stand up to their Democratic counterparts, whose campaign director declared that “Israel is oppressing the Palestinian people.”

Kirsten who? “Ten months after Kirsten Gillibrand was appointed to the U.S. Senate by Governor David Paterson, the junior senator from New York has failed to become a household name among registered voters in New York State. 25% of the electorate thinks Gillibrand is doing either an excellent or good job in office, and 12% believes she is performing poorly. Perhaps, though, Gillibrand’s bigger concern is that 24% of the electorate is unsure how to rate her.”

One more time: “Sen. Joseph Lieberman, speaking in that trademark sonorous baritone, utters a simple statement that translates into real trouble for Democratic leaders: ‘I’m going to be stubborn on this.’ Stubborn, he means, in opposing any health-care overhaul that includes a ‘public option,’ or government-run health-insurance plan, as the current bill does. His opposition is strong enough that Mr. Lieberman says he won’t vote to let a bill come to a final vote if a public option is included.”

After spending like drunken sailors on a failed stimulus and a raft of domestic spending, Democrats now want to “pay as we go” — for the Afghanistan war.

Others have noticed that the mammography controversy raises an uncomfortable truth for ObamaCare backers: “The flap over breast cancer screening has provided a fascinating insight into the political future of ObamaCare. Specifically, the political left supports such medical rationing even as it disavows that any such thing is happening. … What’s really going on here is that the left knows its designs will require political rationing of care, but it doesn’t want the public to figure this out until ObamaCare passes. … Americans will simply have to accept that the price of government-run health care in the name of redistributive justice is that patients and their doctors must bow to the superior wisdom of HHS task forces.”

Read Less

Flotsam and Jetsam

Conn Carroll at Heritage reminds us of Obama’s promises that his health care would “‘provide stability and security for Americans who have insurance; quality, affordable options for those who don’t; and bring down the cost of health care for families, businesses, and our government, while strengthening the financial health of Medicare.’ Quite a bold statement if true. But a report released Friday by the non-partisan and independent Centers for Medicare and Medicaid Services, the agency in charge of running Medicare and Medicaid, blows the lid off of every one of Obama’s claims.”

It is one thing to make up stimulus jobs, but the Obami are not beyond making up a congressional district.

It’s not over till it’s over: “Conservative Party candidate Doug Hoffman has ‘unconceded’ in New York’s special House election after reports that the vote margin between him and Rep. Bill Owens (D) has narrowed. Hoffman conceded the race on Election Night after learning he trailed Owens by 5,335 votes. But the Syracuse Post-Standard reported last week that the margin had shrunk to 3,026 votes after recanvassing.”

It seems that Obama was denied much access to the Chinese people by his hosts: “The net effect is that the trip, which isn’t expected to yield major substantive agreements, also isn’t likely to give Mr. Obama much of a symbolic victory either. Longtime observers say the visit, which ends Wednesday, is one of the most tightly controlled in recent memory, with Mr. Obama afforded none of the opportunities to reach Chinese people given to his two predecessors.” How could it be that he’s less effective than his predecessors? The smart diplomacy flops once again.

The Washington Post’s editors think Obama shouldn’t be “welcoming” cooperation with undemocratic China: “The United States has no choice but to recognize China’s rise as a great power, and Mr. Obama may be right that a policy of containment would be counterproductive. But ‘welcome’ a dictatorship to global influence? It’s hard to see why that is a necessary or sensible stance for the U.S. president.”

Bret Stephens reminds us of the track record of terrorist trials: “The Moussaoui trial wasn’t merely interminable. It was also incompetent. Moussaoui did everything he could to turn it into a circus, at various times entering contradictory pleas on the view, as he put it, that ‘you’re allowed to lie for jihad.’ Lawyers for the government were repeatedly accused of malfeasance. … The judge herself came close to dismissing the entire case, even as the Fourth Circuit had to step in to reverse one of her rulings.”

Democrats aren’t doing so well in Iowa: “A new Des Moines Register poll is great news for Iowa Senator Charles Grassley, as well as GOP gubernatorial hopefuls Terry Branstad and Bob Vander Plaats. It is very bad news for Iowa’s current Governor. The poll clearly shows Iowans are fed up with the inept management of Democrat Chet Culver. His overall approval rating sits at just 40 percent.”

Bill McGurn explains the unintended consequence of the decision to try KSM in a civilian court: “Why fight the Marines and risk getting killed yourself or locked up in Bagram forever when you can blow up American citizens on their own streets and gain the legal protections that give you a chance to go free? With this one step, Mr. Holder is giving al Qaeda a ghastly incentive: to focus more of their attacks on American civilians on American home soil.”

Michael Goldfarb on the NIAC scandal and those whose first instinct is to run to the defense of the mullahs’ front man.

David Brody takes issue with the new Newsweek cover photo of Sarah Palin: “Where’s the sexy photo of Mitt Romney? Why not a picture of Tim Pawlenty with an unbuttoned shirt relaxing on a couch in the Twin Cities?” I suspect Romney and Pawlenty are wondering the same thing.

Conn Carroll at Heritage reminds us of Obama’s promises that his health care would “‘provide stability and security for Americans who have insurance; quality, affordable options for those who don’t; and bring down the cost of health care for families, businesses, and our government, while strengthening the financial health of Medicare.’ Quite a bold statement if true. But a report released Friday by the non-partisan and independent Centers for Medicare and Medicaid Services, the agency in charge of running Medicare and Medicaid, blows the lid off of every one of Obama’s claims.”

It is one thing to make up stimulus jobs, but the Obami are not beyond making up a congressional district.

It’s not over till it’s over: “Conservative Party candidate Doug Hoffman has ‘unconceded’ in New York’s special House election after reports that the vote margin between him and Rep. Bill Owens (D) has narrowed. Hoffman conceded the race on Election Night after learning he trailed Owens by 5,335 votes. But the Syracuse Post-Standard reported last week that the margin had shrunk to 3,026 votes after recanvassing.”

It seems that Obama was denied much access to the Chinese people by his hosts: “The net effect is that the trip, which isn’t expected to yield major substantive agreements, also isn’t likely to give Mr. Obama much of a symbolic victory either. Longtime observers say the visit, which ends Wednesday, is one of the most tightly controlled in recent memory, with Mr. Obama afforded none of the opportunities to reach Chinese people given to his two predecessors.” How could it be that he’s less effective than his predecessors? The smart diplomacy flops once again.

The Washington Post’s editors think Obama shouldn’t be “welcoming” cooperation with undemocratic China: “The United States has no choice but to recognize China’s rise as a great power, and Mr. Obama may be right that a policy of containment would be counterproductive. But ‘welcome’ a dictatorship to global influence? It’s hard to see why that is a necessary or sensible stance for the U.S. president.”

Bret Stephens reminds us of the track record of terrorist trials: “The Moussaoui trial wasn’t merely interminable. It was also incompetent. Moussaoui did everything he could to turn it into a circus, at various times entering contradictory pleas on the view, as he put it, that ‘you’re allowed to lie for jihad.’ Lawyers for the government were repeatedly accused of malfeasance. … The judge herself came close to dismissing the entire case, even as the Fourth Circuit had to step in to reverse one of her rulings.”

Democrats aren’t doing so well in Iowa: “A new Des Moines Register poll is great news for Iowa Senator Charles Grassley, as well as GOP gubernatorial hopefuls Terry Branstad and Bob Vander Plaats. It is very bad news for Iowa’s current Governor. The poll clearly shows Iowans are fed up with the inept management of Democrat Chet Culver. His overall approval rating sits at just 40 percent.”

Bill McGurn explains the unintended consequence of the decision to try KSM in a civilian court: “Why fight the Marines and risk getting killed yourself or locked up in Bagram forever when you can blow up American citizens on their own streets and gain the legal protections that give you a chance to go free? With this one step, Mr. Holder is giving al Qaeda a ghastly incentive: to focus more of their attacks on American civilians on American home soil.”

Michael Goldfarb on the NIAC scandal and those whose first instinct is to run to the defense of the mullahs’ front man.

David Brody takes issue with the new Newsweek cover photo of Sarah Palin: “Where’s the sexy photo of Mitt Romney? Why not a picture of Tim Pawlenty with an unbuttoned shirt relaxing on a couch in the Twin Cities?” I suspect Romney and Pawlenty are wondering the same thing.

Read Less

Alice in Wonderland Justice

The decision to try 9/11 mastermind Khalid Sheik Mohammed in a federal courthouse in Manhattan, where he and his four co-conspirators will receive the full array of rights enjoyed by American citizens, will show the world that our system of justice is an enlightened model for the rest of the world. It will “vindicate this country’s basic values” and “stand as a symbol in the world of something different from what the terrorists represent.” We will be adhering to the “rule of law.” Or so Obama defenders argue.

But imagine KSM being found not guilty, which is a possibility. What happens then? According to Democratic Senator Jack Reed, “under basic principles of international law, as long as these individuals pose a threat, they can be detained, and they will.” Come again? You mean if KSM is acquitted he will still be detained? Yes indeed, according to Senator Reed. He will not be released, “because under the principle of preventive detention, which is recognized during hostilities,” we can continue to hold KSM.

Well, now. It seems to me as though President Obama and Attorney General Holder need to be asked whether they agree with Senator Reed. If not — if they believe that the proud, self-confessed mastermind of the deadliest attack in history on the American homeland should be able to walk free if acquitted in this trial — then Obama and Holder should certainly say so. If KSM were acquitted, the president and his attorney general should proclaim from the rooftops that Mohammed is a free man, found innocent in a civilian court of law, and then allow voters to render a judgment on their decision.

If, on the other hand, Obama and Holder agree with Senator Reed, they should state that as well.

Right now Obama and Holder, in saying they are answering the “call to justice and fairness,” take great pride in presenting themselves as committed to equal justice under the law. That they are willing to try KSM in a civilian court is supposedly proof of their enlightened worldview. Except that if President Obama and Attorney General Holder agree with Senator Reed, it is all a fiction: If KSM is acquitted, he will not walk the streets of New York City or of any other place. He will be detained. The verdict in his trial will be rendered inoperative. And the justice and fairness that Obama and Holder speak about will turn out to be quite different from what most people who are praising Obama’s decision have in mind. The “rule of law” our president and his attorney general hope to showcase will actually be a game that has been rigged at the outset. It will be Alice in Wonderland justice (first the verdict, then the trial; and if the trial turns out differently from what you had hoped, ignore the verdict). If that’s the case, then what Obama and Holder are doing will turn out to be a very dangerous stunt done only for optics. Their actions will be revealed as cynical and misleading. And engaging in this charade in order to impress the rest of the world will do significant harm to our nation.

Every month the Obama administration seems to outdo itself in terms of making terribly unwise decisions. This one ranks high among them. It will add another damaging brushstroke to the Obama canvas. The current administration is revealing itself one act at a time; the curtain is being pulled back on it one decision at a time. The liberal, and in some cases the radical, actions of the Obama administration are piling up like cars in a rush-hour traffic accident. But a day of reckoning will come, I suspect; first to Mr. Obama’s party, and then to Mr. Obama himself.

The decision to try 9/11 mastermind Khalid Sheik Mohammed in a federal courthouse in Manhattan, where he and his four co-conspirators will receive the full array of rights enjoyed by American citizens, will show the world that our system of justice is an enlightened model for the rest of the world. It will “vindicate this country’s basic values” and “stand as a symbol in the world of something different from what the terrorists represent.” We will be adhering to the “rule of law.” Or so Obama defenders argue.

But imagine KSM being found not guilty, which is a possibility. What happens then? According to Democratic Senator Jack Reed, “under basic principles of international law, as long as these individuals pose a threat, they can be detained, and they will.” Come again? You mean if KSM is acquitted he will still be detained? Yes indeed, according to Senator Reed. He will not be released, “because under the principle of preventive detention, which is recognized during hostilities,” we can continue to hold KSM.

Well, now. It seems to me as though President Obama and Attorney General Holder need to be asked whether they agree with Senator Reed. If not — if they believe that the proud, self-confessed mastermind of the deadliest attack in history on the American homeland should be able to walk free if acquitted in this trial — then Obama and Holder should certainly say so. If KSM were acquitted, the president and his attorney general should proclaim from the rooftops that Mohammed is a free man, found innocent in a civilian court of law, and then allow voters to render a judgment on their decision.

If, on the other hand, Obama and Holder agree with Senator Reed, they should state that as well.

Right now Obama and Holder, in saying they are answering the “call to justice and fairness,” take great pride in presenting themselves as committed to equal justice under the law. That they are willing to try KSM in a civilian court is supposedly proof of their enlightened worldview. Except that if President Obama and Attorney General Holder agree with Senator Reed, it is all a fiction: If KSM is acquitted, he will not walk the streets of New York City or of any other place. He will be detained. The verdict in his trial will be rendered inoperative. And the justice and fairness that Obama and Holder speak about will turn out to be quite different from what most people who are praising Obama’s decision have in mind. The “rule of law” our president and his attorney general hope to showcase will actually be a game that has been rigged at the outset. It will be Alice in Wonderland justice (first the verdict, then the trial; and if the trial turns out differently from what you had hoped, ignore the verdict). If that’s the case, then what Obama and Holder are doing will turn out to be a very dangerous stunt done only for optics. Their actions will be revealed as cynical and misleading. And engaging in this charade in order to impress the rest of the world will do significant harm to our nation.

Every month the Obama administration seems to outdo itself in terms of making terribly unwise decisions. This one ranks high among them. It will add another damaging brushstroke to the Obama canvas. The current administration is revealing itself one act at a time; the curtain is being pulled back on it one decision at a time. The liberal, and in some cases the radical, actions of the Obama administration are piling up like cars in a rush-hour traffic accident. But a day of reckoning will come, I suspect; first to Mr. Obama’s party, and then to Mr. Obama himself.

Read Less




Welcome to Commentary Magazine.
We hope you enjoy your visit.
As a visitor to our site, you are allowed 8 free articles this month.
This is your first of 8 free articles.

If you are already a digital subscriber, log in here »

Print subscriber? For free access to the website and iPad, register here »

To subscribe, click here to see our subscription offers »

Please note this is an advertisement skip this ad
Clearly, you have a passion for ideas.
Subscribe today for unlimited digital access to the publication that shapes the minds of the people who shape our world.
Get for just
YOU HAVE READ OF 8 FREE ARTICLES THIS MONTH.
FOR JUST
YOU HAVE READ OF 8 FREE ARTICLES THIS MONTH.
FOR JUST
Welcome to Commentary Magazine.
We hope you enjoy your visit.
As a visitor, you are allowed 8 free articles.
This is your first article.
You have read of 8 free articles this month.
YOU HAVE READ 8 OF 8
FREE ARTICLES THIS MONTH.
for full access to
CommentaryMagazine.com
INCLUDES FULL ACCESS TO:
Digital subscriber?
Print subscriber? Get free access »
Call to subscribe: 1-800-829-6270
You can also subscribe
on your computer at
CommentaryMagazine.com.
LOG IN WITH YOUR
COMMENTARY MAGAZINE ID
Don't have a CommentaryMagazine.com log in?
CREATE A COMMENTARY
LOG IN ID
Enter you email address and password below. A confirmation email will be sent to the email address that you provide.