So can the Obama administration manage to reach a decision more craven than this one? According to the Washington Post, the months-long internal administration deadlock over trying Khalid Shaikh Mohammed and the other 9/11 co-conspirators has resulted in a decision: apoplexy. No trying them in federal courts in New York; no trying them at Guantanamo Bay in a military commission. Just… nothing.
The Post story is something of a mixture between reporting a decision and inviting administration officials to opine on the predicament they’re in. There’s basically a no-decision here: administration officials feel buffeted between conservative opposition to a civilian trial and liberal opposition to military commissions. Aww, poor them! So the alternative choice is to stall, despite last year’s rhetoric about “bring[ing] to justice those individuals who have conspired to attack our nation and our interests abroad,” meaning that “a trial is unlikely to happen before the next presidential election and, even then, would require a different political environment.”
And that’s the maddening thing. The Obama team talks about a “different political environment” as if it has nothing to do with creating one. Attorney General Holder talks about federal courts’ capability for handling terrorism trials — you see dangerous secrets leaking out of the Ahmed Khalfan Ghailani trial? Or al-Qaeda storming Manhattan, Cobra-style, to free their comrade? — and then undercuts his own arguments with a defense of military commissions and indefinite detention without trial. And that’s all the opponents of a federal trial — the good-faith opponents, like Lindsey Graham — need to contend that any other venue for trying or not-trying KSM is preferable. Graham may not have compelling arguments for his military-commissions and indefinite-detention advocacy. But politically, he’s got devastating ones — If KSM doesn’t qualify for a military commission, who does? – brought to him by the Obama administration.
“We have said he should be brought to justice, and brought to justice swiftly,” one of the senior officials said. “The problem is these legacy cases have been very heavily bogged down in very strong feelings and very heavy politics, and therefore it has become very difficult to work this through to a successful conclusion.”
Well, then make a case, and make it consistently. Build support and maintain it. Be willing to stake political capital on it. Or concede that you never meant what you said about justice. What will the Justice Department say when Graham reintroduces his indefinite-detention statute in the next Congress?



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Please don’t ask your lead question, Spencer.
It’s like a dare for these people, I suppose. How much worse can we be today?
And as to your closing question, the answer is: “Thank you Mister Lindsey may I please have another?”
And as if Justice, as we used to understand it, is supposed to show any deference whatsoever to the “political environment”!
I remain stunned and heartbroken that it’s taken a putative Democrat(ic) president to prove incontrovertibly that the Nuremberg trials were Victors’ Justice after all.
Cry the Beloved Country, indeed.
Err, why not just a court-martial under the Uniform Code of Military Justice?
Justice Stevens’ opinion in Hamdan put it simply, “Nothing in the record before us demonstrates that it would be impracticable to apply court-martial rules in this case.
http://www.slate.com/id/2145512/
I guess leadership is not in the President’s job description?
These people running our government seem to be paralyzed by the thought that should they act, someone won’t like them. Literally paralyzed. It’s a horrifying thought, given how much actual action is required going forward.
We may be at a full stop.
There have been several terrists’ trails in Manhattan of late and I haven’t noticed the world coming to an end, or even U.S. hegemony being threatened.
As much respect as I have for my Manhattanite neighbors, the one murder trial where I hung the jury in 1986 demonstrated how much even skeptical Manhattanites give credence to PTB.
And even Cuomo fils is a castrated son of Cuomo pere. What a shitty country we live in.
Besides the fact that 9/11 was an inside job orchestrated by Bush/Cheney and the holding of KSM is just a sideshow to obscure that fact,
The Attorney General could be replaced by an answering machine.
Um, I’ll take apoplexy for $500 Alex.
Wait, Spencer, you are going to call this a “decision”?? Craven, yes; looks to me like they punted on actually making a decision.
I’m sorry that you ever had any doubt about ‘victor’s justice.’ U.S. history is replete with examples. U.S. is a country that NEVER found ‘laws’ any impediment to whatever it wanted to do.
“when you decide not to choose, you still have made a choice”?
Well, bmaz, your lawyer def of decision occurs within your context that U.S. is a nation of laws, when nothing could be further from the truth. Opportunism & rationalization & several other isms & tions would be much more illuminating of how U.S. comes to behave the way it always has.
I think he’s done that already, several times, like this week, or back when the Durham investigation began, or last year when he threw the Nuremberg Trials and Justice Robert Jackson under the legal bus.
Oh really, any ref to ‘justice’ from O or Holden must be viewed in the most cynical terms possible.
Although the expression “inside job” is verboten in the FSA (Fascist States of Amerika) resulting in the equivalent of ostrasizing to a leper colony, leave it to Bill Maher to work that expression into prime time.
Talk about apoplexy, all of Amerika has it when that expression is uttered.
He is taking orders how can he display leadership. he is implementing his corporate marching orders. The Book Salon today was excellent.
Justice for Some but not for all. E Pluribus Unum is history. Expediency is now the rule.
Legacy cases?!
It’s as if the purpose of their education was to provide resources for talking themselves out of the need or the onus to do anything.
Legacy cases brought to us by an especially incompetent and craven Yale legacy.
EPU was always a red herring.
Another one of those “command decisions” our POTUS and his band of “maybe” men in tights have made. It goes “we’ve decided – not to decide”. Now that’s change you can beleive in if your a little spineless in the areas of a serving justice and a speedy trial…These guys in the WH are going the extra mile to give dems and liberals an even worse street cred for being pussies…
‘Sure, go ahead. We’ll help you find votes.’
‘Evil Parallel Universe’ is a fish? *g*
So, we detain him indefinitely without trial letting him live out the rest of his life in a cell. . .or we try him, likely find him guilty of enough to execute him, and then execute him?
I swear, there seems to be a lot of people who do not grasp that. . .namely everyone who is opposed to trying this guy. I just want to know why our citizens do not trust the government at all, and why they trust corporations which are poisoning them.
emptywheel is upstairs!
It’s Safer When You Don’t Let the President Reflect for Himself
They shouldn’t be talking about such matters the same way the Delta’s discussed Flounder in Animal House.
The admin must be in fright mode about a conservative uprising if they try him in NY. Takes a kind of political courage which in recent weeks is notably absent. Fuck em, we need a new president anyway. I’m weary of half measures and no measures.
Greenwald cuts it a bit closer to the bone:
http://www.salon.com/news/opinion/glenn_greenwald/2010/11/14/trials/index.html
Rule of law. Nothing else needs to be said. It’s not about it being easy, convenient, or perfect. It’s not about presidential incumbency and political careers. It’s about your fucking oath to uphold and defend the constitution – from yourself, if need be.