From the Post's story today on "advisers" (Rahm?) to the president saying commissions are the likely result for Khalid Sheikh Mohammed and others:
Marine Col. Jeffrey Colwell, acting chief defense counsel at the Defense Department's Office of Military Commissions, said it would be a "sad day for the rule of law" if Obama decides not to proceed with a federal trial. "I thought the decision where to put people on trial -- whether federal court or military commissions -- was based on what was right, not what is politically advantageous," Colwell said.
Retired Army Lt. Gen. Harry Soyster, a former director of the Defense Intelligence Agency:
“My concern is what it looks like to our enemy. And they certainly should be delighted in what appears to be great confusion, great ambiguity and inability to address the issue, so they should feel they are making progress if in fact our initial stand is reversed. from my perspective, the president [initially] chose chose the harder right over the easier wrong when he made the stand, supported his attorney general…and he should hold firm to that.”
Time and time again, we ask: Where are the Democrats? Who is speaking up against Lindsey Graham (apparently Rahm Emanuel's puppet master, and the new authority in regard to trying suspects), McCain, Lieberman and the rest of the advocates for denying due process? Just like health care, just like Umar Farouk Abdulmatallab, just like the Patriot Act, congressional Democrats lack either the will or the basic desire to do anything about deliberate misinformation and disregard for the Constitution from the Right (and many other Democrats). I don't doubt that there are many Democrats that support civilian trials over tribunals, but I don't see anyone rushing to push against the administration.
This ultimately comes down to Barack Obama, though. And if Obama changes his mind on a criminal trial for KSM and others, it would be a monumental blow for the rule of law in America. I don't think that's hyperbole. Glenn Greenwald sums up the ramifications for Obama if he flips:
If, in the face of "GOP demands" that Mohamed be denied a civilian trial, he again reverses himself -- this time on the highest-profile civil liberties decision of his administration -- he will unmistakably reveal himself, even to his most enamored admirers, as someone so utterly devoid not only of principle but also of resolve: you just blow on him a little and he falls down and shatters into little pieces.
Even just as a political matter, is there any better way to ensure that Americans will view him as weak than by abandoning one key decision after the next as a result of the slightest pressure? What kind of person could possibly admire a "leader" who does this?
Update, 4:30: Via Greg Sargent, looks like Sen. Russ Feingold (D-Wisc.) has come out in support of criminal trials.
“We have a great track record of successfully trying and convicting terrorists in civilian courts. The military commission system is largely untested, and these cases could easily get bogged down in years of legal challenges. The best way to bring these terrorists to justice swiftly is through our civilian courts.”
So, there's one Democrat -- and the most likely to do so at that since Feingold is probably the most committed civil libertarian in the Senate.
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