Atty. Gen. Eric Holder Comes to His Senses

by John M. Curtis
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Copyright April 4, 2011
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            Coming to his senses, Atty. Gen. Eric H. Holder Jr. reneged on his plan for show trials in Lower Manhattan, agreeing to allow the military to try Sept. 11 mastermind Khalid Sheikh Mohammed and fellow terrorist co-defendants.  Reversing his vaunted announcement Nov. 13, 2009 to try 9/11 co-conspirators in civilian court, Holder finally shows sensitivity to the families of Sept. 11 victims, insisting “it must not be delayed any longer,” nearly 10 years after the horrific terrorist event.  Today’s decision reflects the White House’s growing sensitivity, not to Sept. 11 families, but to polls showing President Barack Obama losing steam.  Holder still insists his original decision was the right one to try Sept. 11 terrorists in civilian court.  Calling it “a powerful case,” Holder only reluctantly agreed to change of plans.  With Libya and economy looming, the White House must pick the right battles.

            Getting a federal judge in Lower Manhattan to dismiss Khalid Sheikh Mohammed’s and his co-conspirators’ indictments, Holder can now refer the cases military tribunals at Guantanamo Bay.  Disappointed over the flip-flop, Judiciary Committed Chairman Sen. Patrick Leahy (D-Vt.) insisted that federal court was the best place for 9/11 terrorists.  “I believe that our justice system, which is the envy of the world, is more than capable to trying high-profile terrorism and national security cases,” said Leahy, completely missing the point.  Trying terrorism cases in federal court not only opens up old wounds for Sept. 11 families, it wastes untold millions of tax dollars on security and other preparations in Lower Manhattan.  Whether Sept. 11 terrorists’ rights are compromise or not, the Bush administration got it right keeping terrorists offshore at Guantanamo Bay.

            If the U.S. government recognizes Sept. 11 terrorists as “battlefield detainees,” not prisoners of war, then it’s only appropriate that they’re tried in military tribunals.  Giving terrorists habeas corpus, the right to petition a civilian court, would give them the same rights as U.S. citizens.  No one doubts the U.S. justice system.  But it’s inappropriate to give “illegal combatants” in the war on terror the same rights as U.S. citizens.  Calling the terrorists “war criminals,” Nancy Nee, the brother of firefighter George Cain who died at the World Trade Center, agreed with Holder’s change of heart to let the military handle the cases.  Whether or not Holder believes he can win the cases federal court, the defendants aren’t entitled to the same legal protections and U.S. citizens.  His 2009 decision to try 9/11 terrorists in federal court met stiff opposition on both sides of the aisle in Congress.

            Republicans seized on the chance to say, “I told you so.”  “It’s unfortunate that it took the Obama administration more than two years to figure out what the majority of Americans already know:  That 9/11 conspirator Khalid Sheikh Mohammed is not a common criminal, he’s a war criminal,” said House Judiciary Committee Chairman Lamar Smith (R-Texas), not quite getting it himself.  Calling Mohammed a war criminal acknowledges that terrorists fall under the Geneva Convention, something the Bush administration refused to accept.  Sept. 11 terrorists fall into the same category as “illegal combatants” or “battlefield detainees,” not “war criminals,” giving them too much legitimacy under the Geneva Convention.  Despite campaign rhetoric, Barack is starting to see the wisdom of keeping terrorists offshore, letting the military handle any criminal prosecutions.

            Holder’s original decision to try Sept. 11 co-conspirators in Lower Manhattan brought unwanted controversy to a White House battered by the economy and costly foreign wars in Iraq and Afghanistan.  Now that Barack committed the U.S. to the U.N.-approved Libyan mission, he must pick his battles wisely. Obama already took a hit politically committing U.S. forces to Libya.  Deferring the U.S. military response to NATO, Obama was given poor marks for his March 26 speech, laying out his rationale for military intervention.  Pulling out before getting rid of Kadafi, Barack shot himself in the foot, explaining only his rationale of protecting Libyan civilians.  Given his political hot water in Libya, Barack had no choice but to tell Holder to back off on holding show trials in Lower Manhattan.  Holder’s reversal shows Barack’s political vulnerability heading into 2012. 

             Holder made the right decision reluctantly handing the job of prosecuting Sept. 11 terrorists to the military.  It causes Barack some embarrassment but on balance helps a battered White House.  With his polls sinking to 46.6%, Barack could ill-afford any more bad moves, like opening up show trials in New York City.  American Civil Liberties Union Executive Director Anthony D. Romero pounced on Holder’s decision, promising to file objections in federal court.  Despite threats to shut down Guantanamo Bay, Holder promised Sen. Richard Durbin (D-Ill.) that he has no intent of transferring Guantanamo prisoners to a shuttered Illinois prison.  Between now and next year’s presidential election, Obama must make all the right moves, including fixing the mess of what to do with Libyan President Moammar Kadafi.  If Barack can’t get rid of Kadafi, trying 9/11 terrorists will seem like small potatoes.

About the Author

 John M. Curtis writes politically neutral commentary analyzing spin in national and global news.  He's editor of OnlineColumnist.com.and author of Dodging the Bullet and Operation Charisma.

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