“By any measure, our system of trying detainees has been an enormous failure. Over the course of nearly seven years, there has not been a single conviction for a terrorist act at Guantanamo. There has been just one conviction for material support for terrorism. Meanwhile, this legal black hole has substantially set back America’s ability to lead the world against the threat of terrorism, and undermined our most basic values.”
— Barack Obama on June 18, 2008
Oh to try or not to try.
Khalid Shaikh Mohammed, who is accused of helping to plan the attacks on the World Trade Center in 2001, returned to the headlines this week. Attorney General Eric Holder told the Senate Judiciary Committee that New York City was “not off the table” as a potential sight of the trial.
This is the latest round in a bare-knuckles political brawl. It’s put city and state lawmakers, the lower Manhattan community and political commentators opposed to civilian trials for terror suspects against the Obama administration–and, in particular, Holder’s justice department–and those who support civilian trials for those detained as part of the “war on terror.”
Congressman Nadler tries to straddle this line. Weeks ago he sent, along with local congresswoman Nydia Velázquez and a number of other local elected officials, sent a letter to Holder. In it the New York-area politicians stated their support for civilian trials but questioned the wisdom of holding the trials — given the public outcry — in lower Manhattan.
However, in this recent round, nary a word from Nadler. Not like New York’s senior senator, Charles Schumer. The contrast is telling. Schumer has said he also supports civilian trials–a reversal of his position stated shortly after the terror attacks in 2001.
Yet Nadler’s silence recently is surprising. He’s been out front on issues the Obama administration has been loath to embrace, such as prosecuting Bush officials, the dismantling of the Patriot Act and even gay marriage. Yet this issue–one that straddles the former administrations more combustible policies in the war on terror and the current one’s attempt to forge some sort of new course–has Nadler only taking a stance when in the company of others.
Even someone as staunchly liberal as Nadler might have a hard time pushing against the mayor of New York, his own constituents downtown and his state’s senator even if he did believe the trials should be held here. But given his nature, it’s hard to believe he wouldn’t like to see KSM get his day in court in New York City.