re: #411 drcordell

I still can’t believe Obama is considering backtracking on trying KSM in New York. Does he not realize that if he gives the GOP the scalp that they have been screaming for, it’s just going to empower them to fearmonger even more? I swear to GOD the Democrats are either complete fucking idiots, or secretly in collusion with the Republicans to put on a kabuki political theatre show.

I can, primarily because the decision that Holder and Obama made in the first place was so ill-considered that they would have no choice but to backtrack. The decision to bifurcate trials for some and tribunals to others would have resulted in additional lawsuits by those detainees who were pushed into tribunals that they were denied federal court trials and throwing the whole process into turmoil. The decision also ignored that the feds (executive, legislature, and courts) all processed and developed the tribunal system - include court challenges to tweak the tribunal system. That the Administration sought tribunals for some showed the fallacy that all detainees couldn’t be tried in the same manner.