Khalid Sheik Mohammed and four co-defendants accused of planning the Sept. 11, 2001, attacks will be prosecuted in a military commission, a decision that reverses the Obama administration’s long-held goal of bringing the men to trial in federal court as part of its overall strategy of closing the military detention center at Guantanamo Bay, Cuba.
Attorney General Eric H. Holder Jr. announced the decision during an afternoon news conference. He blamed barriers thrown up by Congress for the administration’s abandonment of one of its signature goals.
Holder called Congress’s intervention “unwise and unwarranted” and said he continues to believe that the case could have been tried in federal court in Manhattan or, as an alternative he proposed, in upstate New York. He said the Obama administration would continue to work for repeal of the restrictions Congress imposed and would prosecute other terrorism cases in federal courts.
But he said he decided that prosecution should go ahead in a military tribunal because the restrictions were unlikely to be repealed any time soon and because the families of the nearly 3,000 people killed in the Sept. 11 attacks have already waited too long for justice, which he said is “long overdue.”
You thought I was talking something else, weren't you?
Reverses. Really?
The Post makes it sound like the Administration up and changed its mind. Steve Benen speaks about what really happened:
The Attorney General "changed his mind" after Congress "imposed a series of restrictions"? That's a bit like saying I changed my mind about getting up after I was tied to my chair.
Holder told reporters this afternoon that his original decision was still the right one, but blamed Congress for "tying our hands."
He happens to be right. Even today, Holder wants to do the right thing, and so does President Obama. And yet, Gitmo is open today, and KSM will be subjected to a military commission in the near future, not because of an administration that backed down in the face of far-right whining, but because congressional Republicans orchestrated a massive, choreographed freak-out, and scared the bejesus out of congressional Democrats. Together, they limited the White House's options to, in effect, not having any choice at all.
There's plenty of room for criticism of the administration, but those slamming Obama for "breaking his word" on this are blaming the wrong end of Pennsylvania Avenue.
And Andrew Sullivan (gasp!):
The decision to try KSM in a military tribunal is as sad as keeping Gitmo open. He has, of course, been hemmed in by an irrational, panicked Congress. Maybe a civil trial would be impossible because of the torture inflicted on KSM by the last administration.
Of course, Chuck Schumer disappointed the hell out of me:
Chuck Schumer, New York’s senior Democratic senator, expressed relief that the trial would not take place in his home state. He said the move to put the 9/11 plotter through a military commission at Guantanamo Bay will allow him to get the “ultimate penalty,” and he said the decision is the “final nail in the coffin” of the “wrong-headed idea” to try Mohammed in New York.
“I have always said that the perpetrators of this horrible crime should get the ultimate penalty, and I believe this proposal by the administration can make that happen,” Schumer said in a statement.
Granted, Chuck is just out there representing his State, but I'll never call him a statesman. He's pandering to the baseless fears of New Yorkers. We have prosecuted Terrorists in this country, and jailed them int his country. 9/11 is no different.
Let me say that again: 9/11 is no different.
We could handle it then, we can handle it now.
Instead of standing up to Terrorism, like we imagine we do, we've caved to it, and a lot of Senators (like Charles Schumer) have enabled that cave.
