Military Commissions Win Over the Rule of Law?

On the campaign trail in 2008, and during his first year in office, President Obama made one thing clear: he wanted to see Khalid Sheikh Mohammed tried in a civilian court in New York City. That would put the U.S. squarely within the rule of law, and make sure that the mastermind behind 9/11 was tried right at the epicenter of his crime.

What a difference a year makes. After being bullied from the right-wing as essentially unlocking the doors for terrorists, Obama may just be set to back peddle from this promise, and instead try Mohammed and other 9/11 detainees in military tribunals. That has many human rights advocates and even a gaggle of military defense lawyers calling today "a sad day for the rule of law" and a victory to the Dick Cheney mantra of terrorism policy that was supposedly defeated in 2008.

The Washington Post reported that Obama advisers are set to strike a deal where they'll reverse course on the idea of trying these individuals in Manhattan civilian courts, and instead move them to military tribunals.

"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," writes the Post's Anne Kornblut and Peter Finn.

At the heart of all of this? Politics, or so it seems. From the looks at it, it seems like the Obama administration is looking to cut a deal -- primarily with U.S. Sen. Lindsay Graham -- to send Mohammed and other 9/11 plotters to military tribunals, in exchange for political support to close Guantanamo Bay.

What, we can't walk and chew gum at the same time?

Anthony Romero from the ACLU put quite the punctuation mark on the rumors that military tribunals are coming back into fashion. Romero told the Post that Obama would be making a huge mistake by backtracking on his promise to try 9/11 defendants in civilian courts.

"If President Obama reverses [Attorney General Eric] Holder's decision to try the 9/11 defendants in criminal court and retreats to using the Bush military commissions, he deals a death blow to his own Justice Department, breaks a clear campaign promise to restore the rule of law and demonstrates that the promises to his constituents are all up for grabs," said Romero.

Seriously. Though he might not be the most popular former politician on the face of the planet right now, Eliot Spitzer had some sharp words for Obama a few weeks back on Real Time with Bill Maher. They were focused on the Obama Administration's gaffes on the subject of health care, but they most certainly apply here.

"Barack Obama won an election based on a set of principles. Fight for them," Spitzer said.

Not to put too fine a point on it, but EXACTLY. Fighting doesn't involve caving in to the rule of law just because it doesn't square with the agenda of your political opponents.

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