President Obama's advisers are reportedly close to recommending that Khalid Sheik Mohammed and four other accused 9/11 plotters be tried in a military tribunal, not a lower Manhattan federal courthouse. According to unnamed sources cited in the Washington Post, the White House might cave to bipartisan opposition to holding the trial at Foley Square, as well as pressure mainly from Republicans who think the suspected terrorists should face justice in a military court.
Although Attorney General Eric Holder Jr. has defended civilian courts as the "right" decision regarding the terror trial, the administration is now expected to change course, possibly before Obama departs for a trip to Indonesia on March 18. The paper notes the move might help the White House receive the funding it needs from Congress to shut down the prison at Guantanamo Bay, but if the case is moved to a military tribunal, the suspects would need to be re-arraigned on capital charges that were dropped in January in preparation for a civil trial.
If the administration moves forward with a military tribunal, it could spark backlash from good government groups and liberals who support the planned civilian trial. "If this stunning reversal comes to pass, President Obama will deal a death blow to his own Justice Department, not to mention American values," said ACLU executive director Anthony Romero, according to the Post and the Daily News. Marine Col. Jeffrey Colwell, acting chief defense counsel at the Defense Department's Office of Military Commissions, said it would be a "sad day for the rule of law" if the White House chooses a military tribunal. "I thought the decision where to put people on trial—whether federal court or military commissions—was based on what was right, not what is politically advantageous."
