Clive Crook in The Financial Times writes the best stuff I’ve seen so far on the decision to try the 9-11 planners in a civilian courtroom, raising a number of provocative questions about the Obama administration’s strategy here and tackling one of Attorney General Holder’s weakest points, in my judgment. Key quote:
Officials have suggested that whatever happens, Mr. Mohammed will not be let go: he will be detained indefinitely, regardless. So this exemplary trial either brings in the correct verdict, or else is annulled. This rather dulls the declaration of justice for all that the administration believes it is making to the world.
Exactly. If the point is to give these monsters a fair and open trial, then they also deserve the outcome of a fair and open trial, which might include acquittal. And if “Mr” Mohammed is acquitted, shouldn’t he walk–even though that walk would spell the end of the Obama presidency? I sense a case of having it both ways.
Crook’s full piece is here.