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The Washington Post had a bombshell story this morning reporting that President Obama’s top aides were poised to recommend that Khalid Sheik Mohammed be tried in a military tribunal rather than a civilian court. That would represent a huge reversal for the administration, and also a tacit acknowledgment that the Bush-Cheney era anti-terror measures that Obama agressively campaigned against during the campaign were (at least in some cases) pragmatic answers to complex problems.

To be sure, we don’t yet know what Obama will ultimately decide, but if he were to go by the recommendations, it would confirm what some commentators were arguing during the campaign — that Obama is primarily focused on his domestic issues and thus much more willing to fold on national security and foreign policy matters.

When health care was on life support in Congress in the wake of Scott Brown’s victory, Obama decided not to back down. Instead, he dug in his heels on getting a comprehensive bill, has shown a willingness to use an aggressive reconciliation strategy to ram through legislation that is overwhelmingly oppsed by the American public, and is in the process of twisting arms in Congress to get what he wants. Yet in the face of mounting opposition in Congress to trying KSM in a civilian court, Obama isn’t taking the same approach. To Obama, the liberal dream of national health care is worth the political risks, but he seems much more willing to cave when it comes to national security matters that aren’t as dear to his heart.

View all comments (10) |

John Bibb| 3.5.10 @ 12:37PM

***
Maybe we could hold the tribunals in Gitmo.
***
Rocketman
***

Oldefarte| 3.5.10 @ 12:45PM

The INTENT of Obama's/Holder's initial proclamations concerning closing Guantonamo and trying KSM,etc in NYC was probabily just an attempted SHOT ACROSS THE BOW to politically embarrass the Bush/Cheney administration for aggressively carrying out the war against terrorists, and an appeasement of their Muslim-European friends/associates regarding same!!!!!

Pingback| 3.5.10 @ 3:15PM

Obama White House does a 360 on Military Tribunals for 9/11 masterminds | Political B links to this page. Here’s an excerpt:

…Firedoglake, The Huffington Post, Josh Gerstein’s Blog, The Atlantic Online, Washington Monthly, ATTACKERMAN, Power Line, NPR, Balkinization, Michelle Malkin, New York Times, Wonk Room, Gothamist, AmSpecBlog, Donklephant, 9/11 Families …, democracyarsenal.org, Think Progress, Law Blog, Hot Air, Guardian, Emptywheel, The Politico, The Corner on National …, MyDD, msnbc.com, PoliBlog, Gawker, Scared Monkeys,…

Jack Kinch(1uncle)| 3.5.10 @ 3:21PM

Again, No Lie Nobama is not qualified to be president and would not be a good or passable one even if he were legal and not a socialist. Why can't that be realized and accepted? He's a loser.

Missy| 3.5.10 @ 4:53PM

Obama is using the KSM trial as a bargaining chip to close Gitmo.

RMS| 3.6.10 @ 1:30AM

I am sorry, but this is real simple.
As per Judge Napolitano's recent column in the LA Times, no declaration of war, no military courts. It really is that simple.
If there's a problem trying KSM in NY, wasn't it OJ or R King or both that were tried in another venue because of the publicity, etc? It is not an insurmountable problem to obey the law/constitution.

Oldefarte| 3.6.10 @ 11:36AM

You must be 'real SIMPLE' Civilian courts deal with the CONSTITUTION OF THE UNITED STATES, its laws and CITIZENS OF THE UNITED STATES. Since when are Muslim terrorists CITIZENS OF THE US, dummie? These terrorists are ENEMY COMBATANTS involved in military-like actions against the US, and therefore should be rightfully tried in MILITARY TRIBUNALS, not civilian courts [that pertain to US citizens]. In some peoples' minds, these terrorists should not even be tried in ANY court, but should instead be shot, burned, and hung from a bridge [similar to the terrorists' treatment of not only our military soldiers that they capture but also their own fellow Muslim citizens]. Additionally, King, OJ or any other LEGAL CITIZEN OF THE US that is tried in another location other than the one representing the crime's occurrance is used as an excuse to possibly allow for a MORE FAIR TRIAL [and is legally called 'CHANGE OF VENUE'];and if applicable [which it is not] would only apply if say these terrorists could not obtain a fair trial from a CUBAN court system. It has to do with possible prejudice, NOT the difference between a civilian and a military court system. Gee wiz, you must be a real EINSTEIN!!!!

Margie| 3.6.10 @ 1:44PM

Gotta love ya, Oldefarte!

More Blog Posts by Philip Klein

http://spectator.org/blog/2010/03/05/what-ksm-and-health-care-tell

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