Commentary Magazine


Topic: Khalid Sheik Mohammed

Never Mind, Forget the KSM Trial

With the midterms in the rearview mirror the Obama administration can now admit the obvious: a public trial for KSM is impossible. The Washington Post reports:

Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, will probably remain in military detention without trial for the foreseeable future, according to Obama administration officials.

The administration asserts that it can hold Mohammed and other al-Qaeda operatives under the laws of war, a principle that has been upheld by the courts when Guantanamo Bay detainees have challenged their detention.

In other words, all of the attorney general’s assertions regarding the superiority of a public trial have proven faulty, and the administration now looks buffoonish. After excoriating critics and defending their scheme to put KSM on trial in civilian court, they now are forced to concede, “OK, it won’t work.” This was all perfectly apparent at the time to everyone but Eric Holder and the leftist lawyers who populate the Department of Justice (a number of whom represented Guantanamo detainees).

The administration is hard-pressed to explain the utter ineptitude that has characterized its detainee policy and the latest reversal. The best it can muster is this:

The Mohammed case is “a case that has to be addressed, and clearly it’s complicated in ways that weren’t originally foreseen, but as a symbol in some way of a thwarted policy, it is wholly misleading,” the senior official said.

Weren’t foreseen by whom? The hapless attorney general.

The administration has had to countermand Eric Holder twice now — first on the release of the detainee-abuse photos and now on the KSM trial and perhaps on the entire issue of military tribunals. For a constitutional scholar, as the president imagines himself, he certainly hired a second-rate lawyer to run the Justice Department. Holder and his appointees are consumed by ideology and lacking in common sense and legal smarts. If it weren’t for the State Department, DOJ would win hands down the “least effective” Obama  department. The good news is that their advice has a short shelf-life.

With the midterms in the rearview mirror the Obama administration can now admit the obvious: a public trial for KSM is impossible. The Washington Post reports:

Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, will probably remain in military detention without trial for the foreseeable future, according to Obama administration officials.

The administration asserts that it can hold Mohammed and other al-Qaeda operatives under the laws of war, a principle that has been upheld by the courts when Guantanamo Bay detainees have challenged their detention.

In other words, all of the attorney general’s assertions regarding the superiority of a public trial have proven faulty, and the administration now looks buffoonish. After excoriating critics and defending their scheme to put KSM on trial in civilian court, they now are forced to concede, “OK, it won’t work.” This was all perfectly apparent at the time to everyone but Eric Holder and the leftist lawyers who populate the Department of Justice (a number of whom represented Guantanamo detainees).

The administration is hard-pressed to explain the utter ineptitude that has characterized its detainee policy and the latest reversal. The best it can muster is this:

The Mohammed case is “a case that has to be addressed, and clearly it’s complicated in ways that weren’t originally foreseen, but as a symbol in some way of a thwarted policy, it is wholly misleading,” the senior official said.

Weren’t foreseen by whom? The hapless attorney general.

The administration has had to countermand Eric Holder twice now — first on the release of the detainee-abuse photos and now on the KSM trial and perhaps on the entire issue of military tribunals. For a constitutional scholar, as the president imagines himself, he certainly hired a second-rate lawyer to run the Justice Department. Holder and his appointees are consumed by ideology and lacking in common sense and legal smarts. If it weren’t for the State Department, DOJ would win hands down the “least effective” Obama  department. The good news is that their advice has a short shelf-life.

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The End to Obama’s Ill-Conceived Terrorism Policies

Sens. John McCain and Joe Lieberman are seeking to dislodge Obama’s criminal-justice approach to terrorism. This report explains:

Republican Senator John McCain and Independent Senator Joe Lieberman offered the measure in the wake of the controversy over prosecuting the accused Christmas Day airplane bomber, Umar Farouk Abdulmutallab, in a U.S. criminal court instead of a military trial.

Under the proposed legislation, individuals who are deemed to be “suspected unprivileged enemy belligerents” would be held in military custody, interrogated for possible intelligence and tried in a military court.

A special team, known as the High-Value Interrogation Team, would recommend which suspects would be sent to the military and the final decision would be made by the U.S. attorney general and Defense Department secretary, according to the proposed legislation.

“These are not common criminals. They are war criminals and they should be treated according to the rules of the law of war,” Lieberman told reporters.

Well, the senators’ move seems to be well timed. We finally may be inching toward a bipartisan consensus and a reversal of the Obami’s misguided criminal-justice model. For along comes this report that a remarkable 180 is in the works:

President Barack Obama’s advisers are nearing a recommendation that Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, be prosecuted in a military tribunal, administration officials said, a step that would reverse Attorney General Eric H. Holder Jr.’s plan to try him in civilian court in New York City.

The president’s advisers feel increasingly hemmed in by bipartisan opposition to a federal trial in New York and demands, mainly from Republicans, that Mohammed and his accused co-conspirators remain under military jurisdiction, officials said. While Obama has favored trying some terrorism suspects in civilian courts as a symbol of U.S. commitment to the rule of law, critics have said military tribunals are the appropriate venue for those accused of attacking the United States.

Well, well, it seems not-not-Bush anti-terror policies may be the order of the day. Yes, it will be a humiliating admission of error and a stunning turnaround for the Obami. They spent the campaign and over a year in office puffing their chests in moral indignation and declaring Bush’s approach to be lawless (it wasn’t) and a betrayal of values (disproved by that bipartisan consensus that’s hemming in the Obami’s legal experimentation).

Yes, the netroot crowd will go bonkers. (“Privately, administration officials are bracing for the ire of disappointed liberals and even some government lawyers should the administration back away from promises to use civilian courts to adjudicate the cases of some of the 188 detainees who remain at Guantanamo.”) But what of it? The civilian trial gambit was ill-conceived and unworkable, and the momentary mortification experienced by the moral grandstanders — the attorney general and the president – is a small price to pay to get our terrorism policies back on track.

The ACLU executive director groused:

If President Obama reverses Holder’s decision to try the 9/11 defendants in criminal court and retreats to using the Bush military commissions, he deals a death blow to his own Justice Department, breaks a clear campaign promise to restore the rule of law and demonstrates that the promises to his constituents are all up for grabs.

Well, it’s true that such a move would cut the legs out from under the Justice Department, but a housecleaning seems to be the next move. If the former terrorists’ lawyers’ advice has proved to be unworkable, perhaps they should go back to their law firms along with the hapless attorney general. And as for the trail littered with broken campaign promises, well, the ACLU can get in line with many other aggrieved groups that believed Obama’s campaign spiel.

The bottom line: the Bush anti-terror policies, one by one, are being vindicated by a president who is learning the hard way that much of what he said and ostensibly believed about the war against Islamic fundamentalists is wrong. And if he really has learned something, he’ll start referring to the enemy as such.

Sens. John McCain and Joe Lieberman are seeking to dislodge Obama’s criminal-justice approach to terrorism. This report explains:

Republican Senator John McCain and Independent Senator Joe Lieberman offered the measure in the wake of the controversy over prosecuting the accused Christmas Day airplane bomber, Umar Farouk Abdulmutallab, in a U.S. criminal court instead of a military trial.

Under the proposed legislation, individuals who are deemed to be “suspected unprivileged enemy belligerents” would be held in military custody, interrogated for possible intelligence and tried in a military court.

A special team, known as the High-Value Interrogation Team, would recommend which suspects would be sent to the military and the final decision would be made by the U.S. attorney general and Defense Department secretary, according to the proposed legislation.

“These are not common criminals. They are war criminals and they should be treated according to the rules of the law of war,” Lieberman told reporters.

Well, the senators’ move seems to be well timed. We finally may be inching toward a bipartisan consensus and a reversal of the Obami’s misguided criminal-justice model. For along comes this report that a remarkable 180 is in the works:

President Barack Obama’s advisers are nearing a recommendation that Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, be prosecuted in a military tribunal, administration officials said, a step that would reverse Attorney General Eric H. Holder Jr.’s plan to try him in civilian court in New York City.

The president’s advisers feel increasingly hemmed in by bipartisan opposition to a federal trial in New York and demands, mainly from Republicans, that Mohammed and his accused co-conspirators remain under military jurisdiction, officials said. While Obama has favored trying some terrorism suspects in civilian courts as a symbol of U.S. commitment to the rule of law, critics have said military tribunals are the appropriate venue for those accused of attacking the United States.

Well, well, it seems not-not-Bush anti-terror policies may be the order of the day. Yes, it will be a humiliating admission of error and a stunning turnaround for the Obami. They spent the campaign and over a year in office puffing their chests in moral indignation and declaring Bush’s approach to be lawless (it wasn’t) and a betrayal of values (disproved by that bipartisan consensus that’s hemming in the Obami’s legal experimentation).

Yes, the netroot crowd will go bonkers. (“Privately, administration officials are bracing for the ire of disappointed liberals and even some government lawyers should the administration back away from promises to use civilian courts to adjudicate the cases of some of the 188 detainees who remain at Guantanamo.”) But what of it? The civilian trial gambit was ill-conceived and unworkable, and the momentary mortification experienced by the moral grandstanders — the attorney general and the president – is a small price to pay to get our terrorism policies back on track.

The ACLU executive director groused:

If President Obama reverses Holder’s decision to try the 9/11 defendants in criminal court and retreats to using the Bush military commissions, he deals a death blow to his own Justice Department, breaks a clear campaign promise to restore the rule of law and demonstrates that the promises to his constituents are all up for grabs.

Well, it’s true that such a move would cut the legs out from under the Justice Department, but a housecleaning seems to be the next move. If the former terrorists’ lawyers’ advice has proved to be unworkable, perhaps they should go back to their law firms along with the hapless attorney general. And as for the trail littered with broken campaign promises, well, the ACLU can get in line with many other aggrieved groups that believed Obama’s campaign spiel.

The bottom line: the Bush anti-terror policies, one by one, are being vindicated by a president who is learning the hard way that much of what he said and ostensibly believed about the war against Islamic fundamentalists is wrong. And if he really has learned something, he’ll start referring to the enemy as such.

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Flotsam and Jetsam

Let’s hope it’s not true: “Sen. John Kerry has filed a formal request to visit Iran, Iranian news agencies reported Tuesday — news made public in the middle of the government’s bloody crackdown on dissidents that has left more than a dozen dead.” It would be frightful if the Obami foreign policy toward Iran were this incoherent.

Meanwhile, outside the Obami cocoon: “Iran is close to clinching a deal to clandestinely import 1,350 tons of purified uranium ore from Kazakhstan, according to an intelligence report obtained Tuesday by The Associated Press. Diplomats said the assessment was heightening international concern about Tehran’s nuclear activities.”

MSNBC going into rehab? It is redoing its daytime lineup. “MSNBC may need to prove its news commitment to viewers. With news of the attempted terrorist attack on a plane bound for Detroit breaking late on Christmas, the network stuck with pre-taped programming. CNN and Fox covered the story much more extensively.” The solution? “MSNBC will pair Chuck Todd and Savannah Guthrie for one hour at 9 a.m. in a newsy, nonpartisan look at the day’s upcoming events.” In MSNBC parlance, “nonpartisan” means no “Bush=Hilter” comments.

Hannah Rosenthal denies that slamming the Israeli Ambassador was out of bounds. Or it was taken out of context. (The “system worked”? No, that’s another gaffe-prone Obama flack.) In any event, she, as Shmuel Rosner points out, is picking up friends with the Israel-bashing crowd and is “on the way to becoming their new martyr.”

Second time is the charm? “Mr. Obama has been seeking to counter criticism that he was out of touch in the aftermath of the foiled plot, which took place Friday. For the first three days, he delegated public statements to subordinates before giving a statement Monday.” It would  be nice if he got it right the first time. (One wonders what the White House’s internal polling must show about the public reaction to its handling of the terror attack.)

And it certainly doesn’t look as though Abdulmutallab was an “isolated extremist”: “The Nigerian accused of trying to blow up a Detroit-bound airliner had his suicide mission personally blessed in Yemen by Anwar al-Awlaki, the same Muslim imam suspected of radicalizing the Fort Hood shooting suspect, a U.S. intelligence source has told the Washington Times.”

Diane Ravitch nails it: “So the crotch-bomber will be tried for a felony in a federal court, with all the rights and privileges of American citizens. So Khalid Sheik-Mohammed and his associates will be able to enlist an army of pro bono lawyers to defend their ‘constitutional rights,’ the same ones they tried to destroy, along with some 3,000 lives. So KSM and pals will get discovery proceedings, will demand a new venue, will insist that the U.S. produce witnesses to their alleged crimes, will inflict millions of dollars of unnecessary security costs on NYC (or any other host city) that might better be spent on schools. In short, the Obama administration has woven a web of confusion, rhetoric, and illogic that will entangle it for years to come, as it attempts to defuse, de-escalate and minimize the terrorist threat. The reason this strategy is politically foolish is that the terrorist threat is real.”

Meanwhile the Washington Post reports: “Former detainees of the U.S. prison in Guantanamo Bay, Cuba, have led and fueled the growing assertiveness of the al-Qaeda branch that claimed responsibility for the attempted Christmas Day bombing of a U.S. airliner, potentially complicating the Obama administration’s efforts to shut down the facility.” It almost as though releasing dangerous terrorists is only enabling a network of fanatical murderers, huh? Must the Obami insist that closing Guantanamo is still a “national security imperative”? I think we have found the “systematic failure.”

This seems right: “By staying in Hawaii, the president has sent the message that the situation really isn’t all that serious, that things can proceed just fine until he’s back. And isn’t it that kind of reasoning that emboldens our never-vacationing enemies into thinking Christmas Day is the perfect time for them to strike?”

Let’s hope it’s not true: “Sen. John Kerry has filed a formal request to visit Iran, Iranian news agencies reported Tuesday — news made public in the middle of the government’s bloody crackdown on dissidents that has left more than a dozen dead.” It would be frightful if the Obami foreign policy toward Iran were this incoherent.

Meanwhile, outside the Obami cocoon: “Iran is close to clinching a deal to clandestinely import 1,350 tons of purified uranium ore from Kazakhstan, according to an intelligence report obtained Tuesday by The Associated Press. Diplomats said the assessment was heightening international concern about Tehran’s nuclear activities.”

MSNBC going into rehab? It is redoing its daytime lineup. “MSNBC may need to prove its news commitment to viewers. With news of the attempted terrorist attack on a plane bound for Detroit breaking late on Christmas, the network stuck with pre-taped programming. CNN and Fox covered the story much more extensively.” The solution? “MSNBC will pair Chuck Todd and Savannah Guthrie for one hour at 9 a.m. in a newsy, nonpartisan look at the day’s upcoming events.” In MSNBC parlance, “nonpartisan” means no “Bush=Hilter” comments.

Hannah Rosenthal denies that slamming the Israeli Ambassador was out of bounds. Or it was taken out of context. (The “system worked”? No, that’s another gaffe-prone Obama flack.) In any event, she, as Shmuel Rosner points out, is picking up friends with the Israel-bashing crowd and is “on the way to becoming their new martyr.”

Second time is the charm? “Mr. Obama has been seeking to counter criticism that he was out of touch in the aftermath of the foiled plot, which took place Friday. For the first three days, he delegated public statements to subordinates before giving a statement Monday.” It would  be nice if he got it right the first time. (One wonders what the White House’s internal polling must show about the public reaction to its handling of the terror attack.)

And it certainly doesn’t look as though Abdulmutallab was an “isolated extremist”: “The Nigerian accused of trying to blow up a Detroit-bound airliner had his suicide mission personally blessed in Yemen by Anwar al-Awlaki, the same Muslim imam suspected of radicalizing the Fort Hood shooting suspect, a U.S. intelligence source has told the Washington Times.”

Diane Ravitch nails it: “So the crotch-bomber will be tried for a felony in a federal court, with all the rights and privileges of American citizens. So Khalid Sheik-Mohammed and his associates will be able to enlist an army of pro bono lawyers to defend their ‘constitutional rights,’ the same ones they tried to destroy, along with some 3,000 lives. So KSM and pals will get discovery proceedings, will demand a new venue, will insist that the U.S. produce witnesses to their alleged crimes, will inflict millions of dollars of unnecessary security costs on NYC (or any other host city) that might better be spent on schools. In short, the Obama administration has woven a web of confusion, rhetoric, and illogic that will entangle it for years to come, as it attempts to defuse, de-escalate and minimize the terrorist threat. The reason this strategy is politically foolish is that the terrorist threat is real.”

Meanwhile the Washington Post reports: “Former detainees of the U.S. prison in Guantanamo Bay, Cuba, have led and fueled the growing assertiveness of the al-Qaeda branch that claimed responsibility for the attempted Christmas Day bombing of a U.S. airliner, potentially complicating the Obama administration’s efforts to shut down the facility.” It almost as though releasing dangerous terrorists is only enabling a network of fanatical murderers, huh? Must the Obami insist that closing Guantanamo is still a “national security imperative”? I think we have found the “systematic failure.”

This seems right: “By staying in Hawaii, the president has sent the message that the situation really isn’t all that serious, that things can proceed just fine until he’s back. And isn’t it that kind of reasoning that emboldens our never-vacationing enemies into thinking Christmas Day is the perfect time for them to strike?”

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McCain on Obama’s “Serious Mistake” in the War on Terror

The Left has often pointed to Sen. John McCain as an exemplar of correct and moralistic thinking on the war on terror, especially when he was criticizing the Bush administration on enhanced interrogation methods. But oddly, they’ve chosen to ignore his position on Obama’s ill-conceived policies. Don’t expect to see this exchange touted in the left-wing blogosphere:

WALLACE: What do you think of the president’s plan — apparent plan to send up to 100 detainees from Guantanamo to a prison in rural Illinois?

MCCAIN: I think it’s a serious mistake, and I think that the way to dispose of the — of this issue is by having an overall policy.

Right now they’re going to — they’re going to try terrorists in New York City, thereby giving Khalid Sheik Mohammed what he wanted when he was captured. He said, “I want a trial in the United States and a lawyer.” I think they’re making a serious mistake.

WALLACE: What’s wrong with Thompson, Illinois?

MCCAIN: Well, first of all, I think that it’s anywhere in the United States. It’s not the fact that it’s Thompson, Illinois. It’s any …

WALLACE: No, but what’s wrong …

MCCAIN: … any place.

WALLACE: … with sending them there?

MCCAIN: I think that they should be either sentenced to have the kind of military commissions that we have outlined in law and may make — have to make additional changes to, and — because they are enemy combatants, and I don’t think they should be kept in prison in the United States. Read More

The Left has often pointed to Sen. John McCain as an exemplar of correct and moralistic thinking on the war on terror, especially when he was criticizing the Bush administration on enhanced interrogation methods. But oddly, they’ve chosen to ignore his position on Obama’s ill-conceived policies. Don’t expect to see this exchange touted in the left-wing blogosphere:

WALLACE: What do you think of the president’s plan — apparent plan to send up to 100 detainees from Guantanamo to a prison in rural Illinois?

MCCAIN: I think it’s a serious mistake, and I think that the way to dispose of the — of this issue is by having an overall policy.

Right now they’re going to — they’re going to try terrorists in New York City, thereby giving Khalid Sheik Mohammed what he wanted when he was captured. He said, “I want a trial in the United States and a lawyer.” I think they’re making a serious mistake.

WALLACE: What’s wrong with Thompson, Illinois?

MCCAIN: Well, first of all, I think that it’s anywhere in the United States. It’s not the fact that it’s Thompson, Illinois. It’s any …

WALLACE: No, but what’s wrong …

MCCAIN: … any place.

WALLACE: … with sending them there?

MCCAIN: I think that they should be either sentenced to have the kind of military commissions that we have outlined in law and may make — have to make additional changes to, and — because they are enemy combatants, and I don’t think they should be kept in prison in the United States.

Well, in point of fact, McCain has long argued for military commissions and never sided with the ACLU types who want full constitutional rights and civilian trials for terrorists, but this was largely ignored by the netroots looking only for comments that might support their views on the matter. In this regard, McCain is in perfect accord with former prosecutor Andy McCarthy (who vigorously disagreed with McCain on enhanced interrogation). As McCarthy pointed out recently, the arguments in favor of the detainee transfer are based on misunderstandings and misrepresentations as to the consequences of the move. He points to Sen. Dick Durbin’s unsupported contention that detainees moved to Illinois couldn’t be set free:

Nevertheless, Durbin is being disingenuous — doubly disingenuous, in fact. First, the principal fear is no longer that the Obama administration will try to free the terrorists and relocate them here. It is that the federal courts will order the release of the detainees. And second, the senator’s brave assurance that if “a detainee is found not guilty, he will not be released inside the United States” is a smokescreen. As he well knows, most of the Gitmo terrorists are not going to be found guilty or found not guilty — they’re not going to be tried at all. . .

So we have custody of extremely dangerous terrorists who cannot be tried and who will not be taken off our hands by any trustworthy country. Their detention is now being scrutinized by judges who are skeptical of the traditional military practice of indefinite detention without trial. Some of us have implored Congress to enact rules of procedure for terrorist-detention hearings that would stop judges from favoring the terrorists over the military. But Democrats like Senator Durbin have turned a deaf ear, preferring to watch the judges make up the rules as they go along.

It’s a measure of how extreme and ill-advised the Obami’s war-on-terror policies are that those who previously tangled over the Bush administration’s approach are now in full agreement. It might be illuminating to have Attorney General Eric Holder come before the Senate Armed Services Committee or the Homeland Security and Governmental Affairs Committee to be grilled by McCain on the administration’s policies. Now that would be worth watching.

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Talking Nonsense

Having placed their faith in the civilian justice system, the president and Eric Holder have gone about assuring us that the conviction of KSM and his associates is a done deal. Except it’s not, and they do that very justice system (which was never intended for enemy combatants) no favors when they promise a conviction. Others have noticed as well:

Ben Wittes, a senior fellow at the Brookings Institution, said that Holder’s confidence is misleading. “Holder is clearly talking nonsense when he says failure is not an option,” Wittes said. “Adverse outcomes can happen, and I am certain that within the Justice Department, they don’t consider it a zero possibility that this case will get totally out of control.”

Wittes goes on to argue that there are “risks in a military commission” system. Well, yes, but KSM was last seen pleading guilty, so it would seem the “risks” are a bit theoretical. As for the civilian trials, it’s about time Holder did away with the “following the law” meme. It’s nonsense. (“The 9/11 trials would make history, however, because the five detainees would become the first enemy combatants captured overseas and brought to the United States for a federal trial.”) Following the law would have meant employing the military commissions and following more than 200 years of American jurisprudence, both of which would have avoided the spectacle of an attorney general and a president spinning easily debunked tales.

And the president’s duck-and-run routine has gotten under the skin of even generally sympathetic pundits like Richard Cohen, who can spot political cowardice when he sees it, chastising Obama, who “let his attorney general, Eric Holder, announce the new policy for trying Khalid Sheik Mohammed and four other Sept. 11 defendants in criminal court, as if this were a mere departmental issue and not one of momentous policy.” Cohen can also figure out the logical gulf in the argument for trying some but not all terrorists in civilian court: “What is the principle in that: What works, works? Try putting that one on the Liberty Bell.”

It seems that no one is buying the rationale for this decision. Perhaps the president should get in front of the press or, better yet, meet with all the 9/11 families and explain it himself.

Having placed their faith in the civilian justice system, the president and Eric Holder have gone about assuring us that the conviction of KSM and his associates is a done deal. Except it’s not, and they do that very justice system (which was never intended for enemy combatants) no favors when they promise a conviction. Others have noticed as well:

Ben Wittes, a senior fellow at the Brookings Institution, said that Holder’s confidence is misleading. “Holder is clearly talking nonsense when he says failure is not an option,” Wittes said. “Adverse outcomes can happen, and I am certain that within the Justice Department, they don’t consider it a zero possibility that this case will get totally out of control.”

Wittes goes on to argue that there are “risks in a military commission” system. Well, yes, but KSM was last seen pleading guilty, so it would seem the “risks” are a bit theoretical. As for the civilian trials, it’s about time Holder did away with the “following the law” meme. It’s nonsense. (“The 9/11 trials would make history, however, because the five detainees would become the first enemy combatants captured overseas and brought to the United States for a federal trial.”) Following the law would have meant employing the military commissions and following more than 200 years of American jurisprudence, both of which would have avoided the spectacle of an attorney general and a president spinning easily debunked tales.

And the president’s duck-and-run routine has gotten under the skin of even generally sympathetic pundits like Richard Cohen, who can spot political cowardice when he sees it, chastising Obama, who “let his attorney general, Eric Holder, announce the new policy for trying Khalid Sheik Mohammed and four other Sept. 11 defendants in criminal court, as if this were a mere departmental issue and not one of momentous policy.” Cohen can also figure out the logical gulf in the argument for trying some but not all terrorists in civilian court: “What is the principle in that: What works, works? Try putting that one on the Liberty Bell.”

It seems that no one is buying the rationale for this decision. Perhaps the president should get in front of the press or, better yet, meet with all the 9/11 families and explain it himself.

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Obama’s KSM Gamble

If you want to understand just one reason why the Obama administration’s decision to try Khalid Sheik Mohammed in civilian court is reckless and irresponsible, watch Senator Lindsey Graham grill Attorney General Eric Holder over Miranda rights on Osama bin Laden. Graham is excellent; Holder is not. The attorney general is evasive, unable to offer a coherent rationale for his decision. The closer this decision is examined, the worse it looks. It should cost, and I suspect it will cost, the administration a great deal politically.

If you want to understand just one reason why the Obama administration’s decision to try Khalid Sheik Mohammed in civilian court is reckless and irresponsible, watch Senator Lindsey Graham grill Attorney General Eric Holder over Miranda rights on Osama bin Laden. Graham is excellent; Holder is not. The attorney general is evasive, unable to offer a coherent rationale for his decision. The closer this decision is examined, the worse it looks. It should cost, and I suspect it will cost, the administration a great deal politically.

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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.

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Flotsam and Jetsam

The guru of conventional Beltway wisdom, David Broder, has had enough: “The more President Obama examines our options in Afghanistan, the less he likes the choices he sees. But, as the old saying goes, to govern is to choose — and he has stretched the internal debate to the breaking point. … The cost of indecision is growing every day. Americans, our allies who have contributed their own troops to the struggle against al-Qaeda and the Taliban, and the Afghans and their government are waiting impatiently, while the challenge is getting worse.”

A devastating portrait of Eric Holder: “The dispassion, the self-reverence, the blindness of the man, are marvelous to behold, and so perfectly reflect the president he so perfectly serves. ‘Neutral and detached’ people shall ‘understand the reasons why’ he made those decisions, shall see he has left ‘the politics out of it,’ and shall recognize what’s right — something the rest of us, benighted and bellicose souls that we are, have never managed to do with respect to the disposition of those committing mass murders of Americans in their ongoing war against our civilization.”

Another nail in the coffin of PelosiCare: “The House-approved healthcare overhaul would raise the costs of healthcare by $289 billion over the next 10 years, according to an analysis by the nonpartisan, independent Centers for Medicare & Medicaid Services (CMS).”

And that’s not all: “A plan to slash more than $500 billion from future Medicare spending — one of the biggest sources of funding for President Obama’s proposed overhaul of the nation’s health-care system — would sharply reduce benefits for some senior citizens and could jeopardize access to care for millions of others, according to a government evaluation released Saturday.”

Surprise, surprise: the Obami are bothered by the cost of winning the war in Afghanistan.

Rep. Peter King: “Like many New Yorkers and members of the families of the nearly 3,000 innocent Americans murdered on that horrific Tuesday morning eight years ago, I’m outraged and insulted by President Obama’s decision to transfer Khalid Sheik Mohammed, the admitted mastermind of the 9/11 attacks, to New York City for trial in civilian federal court. The decision will go down in history as one of the worst made by any US president. While it may be hailed by Europeans, the ACLU and the far-left-wing of the Democratic Party, the president’s action actually threatens American lives and weakens US national security.” I wonder what Sen. Kirsten Gillibrand will say.

Enough is enough, says Secretary of Defense Robert Gates: “Defense Secretary Robert Gates has blocked the public release of any more pictures of foreign detainees abused by their U.S. captors, saying their release would endanger American soldiers. The Obama administration filed a brief with the Supreme Court late Friday saying that Mr. Gates has invoked new powers blocking the release of the photos.”

Steve Schmidt vs. Sarah Palin. Hmm. Is there any doubt who’s got a better chance of being on a 2012 campaign? It’s one thing to lose a campaign, quite another to go down as the perpetual bad-mouther of your VP candidate.

The guru of conventional Beltway wisdom, David Broder, has had enough: “The more President Obama examines our options in Afghanistan, the less he likes the choices he sees. But, as the old saying goes, to govern is to choose — and he has stretched the internal debate to the breaking point. … The cost of indecision is growing every day. Americans, our allies who have contributed their own troops to the struggle against al-Qaeda and the Taliban, and the Afghans and their government are waiting impatiently, while the challenge is getting worse.”

A devastating portrait of Eric Holder: “The dispassion, the self-reverence, the blindness of the man, are marvelous to behold, and so perfectly reflect the president he so perfectly serves. ‘Neutral and detached’ people shall ‘understand the reasons why’ he made those decisions, shall see he has left ‘the politics out of it,’ and shall recognize what’s right — something the rest of us, benighted and bellicose souls that we are, have never managed to do with respect to the disposition of those committing mass murders of Americans in their ongoing war against our civilization.”

Another nail in the coffin of PelosiCare: “The House-approved healthcare overhaul would raise the costs of healthcare by $289 billion over the next 10 years, according to an analysis by the nonpartisan, independent Centers for Medicare & Medicaid Services (CMS).”

And that’s not all: “A plan to slash more than $500 billion from future Medicare spending — one of the biggest sources of funding for President Obama’s proposed overhaul of the nation’s health-care system — would sharply reduce benefits for some senior citizens and could jeopardize access to care for millions of others, according to a government evaluation released Saturday.”

Surprise, surprise: the Obami are bothered by the cost of winning the war in Afghanistan.

Rep. Peter King: “Like many New Yorkers and members of the families of the nearly 3,000 innocent Americans murdered on that horrific Tuesday morning eight years ago, I’m outraged and insulted by President Obama’s decision to transfer Khalid Sheik Mohammed, the admitted mastermind of the 9/11 attacks, to New York City for trial in civilian federal court. The decision will go down in history as one of the worst made by any US president. While it may be hailed by Europeans, the ACLU and the far-left-wing of the Democratic Party, the president’s action actually threatens American lives and weakens US national security.” I wonder what Sen. Kirsten Gillibrand will say.

Enough is enough, says Secretary of Defense Robert Gates: “Defense Secretary Robert Gates has blocked the public release of any more pictures of foreign detainees abused by their U.S. captors, saying their release would endanger American soldiers. The Obama administration filed a brief with the Supreme Court late Friday saying that Mr. Gates has invoked new powers blocking the release of the photos.”

Steve Schmidt vs. Sarah Palin. Hmm. Is there any doubt who’s got a better chance of being on a 2012 campaign? It’s one thing to lose a campaign, quite another to go down as the perpetual bad-mouther of your VP candidate.

Read Less




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