It was a political decision pure and simple. And Holder’s law firm played a role in delaying the operation military tribunals and have represented a bunch of the Gitmo detainees. Some of those lawyers at Covington and Burling are now at the DOJ advising on these very matters.

Andy McCarthy dissects Holder’s testimony, and shows the Administration’s efforts to hold a trial are dubious and worrisome.

So, if we’re at war with these terrorists and a military tribunal was set up by Congress with the President’s approval, why take these detainees out of military hands to put them into civilian courts? The military courts are better prepared to deal with national security matters, and in civilian courts, the detainees can act as their own attorneys and demand and gain access to sensitive information, which includes lists of unindicted coconspirators and others who might later become targets or result in shifting of assets with the assistance of others (such as the case of Lynne Stewart aiding and abetting Abdel Rahman contact his minions overseas in violation of federal law and agreements with prosecutors).