Friday, March 5, 2010

In case you thought I handled health care poorly, get a load of this

So, Secretary Clinton is in Latin America criticizing several governments for not standing up for democracy and the rule of law. (Washington Post).
"We're going to be asking more of a lot of our friends," Clinton said during a stop in Costa Rica. "A number of them are not respecting democratic institutions. A number of them are not taking strong enough stands against the erosion of the rule of law because of the pressure from drug traffickers."
I understand death threats against a member of the government and her family might lead a legislator to rethink her support for democracy and the rule of law.

However, this news comes on the same day that the Obama administration decides not to stand up for democracy and the rule of law.  (Washington Post)
President Obama's advisers are nearing a recommendation that Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, be prosecuted in a military tribunal, administration officials said, a step that would reverse Attorney General Eric H. Holder Jr.'s plan to try him in civilian court in New York City.
Why does the Obama administration appear to be heading down the path of giving in to the terrorists?
The president's advisers feel increasingly hemmed in by bipartisan opposition to a federal trial in New York and demands, mainly from Republicans, that Mohammed and his accused co-conspirators remain under military jurisdiction, officials said...
I would somewhat understand if the president came out and said "Look, they've all been tortured and there is not enough evidence that we solicited legally so as to guarantee a conviction in a civilian court."

I would also be sympathetic to an argument where one the president said that a civilian trial would expose classified information thereby endangering our personnel in the field and undermining ongoing operations.

However, political pushback from Republicans and Democrats is a pathetic excuse to avoid a civilian trial.
I'm also not really sure what to think of "near-universal opposition." 
But by February, there was near-universal opposition among activists and lawmakers in both parties to trying the case in New York.
CNN carried out a poll in November where only one-third of the public supported a civilian trial for KSM. (CNN Poll)  Is that the near universal opposition that they are talking about?  When sixty-six percent of the people are against some decision, I would have a hard time characterizing that as "near-universal."  Undergraduate research methods anyone?

And activists are united in their opposition to civilian trials?  That doesn't seem to jive with the last section of the article.
A decision to reverse course on Mohammed is likely to dismay civil liberties groups and human rights groups who loudly cheered Obama's election because they thought he would dismantle military tribunals developed during the Bush administration.
I was never a fan of a president having the power to appoint the country's top law enforcement figure.  The AG position should not be subject to political whim.  I am fairly certain of it now.  If the suspects are rearraigned to face trial in a military tribunal, Holder has no choice but to offer his resignation.