Another Presidential Flip-flop

Khalid Sheik Mohammed

The Obama administration released a trial (no pun intended) balloon over the weekend, leaking that it was thinking of shelving plans to bring Khalid Sheik Mohammed and the other alleged 9/11 conspirators to trial.

Instead the administration is apparently considering holding KSM and other GTMO detainees indefinitely as Prisoners of War. Far from closing GTMO, the new Obama plan seems to be to institutionalize it as part of the national landscape.

If GTMO becomes a permanent feature of America’s counter-terrorism architecture it is inevitable that sooner or later new detainees will be sent there. Federal agents and intelligence officials faced with a hard case or sensitive sources to protect will opt for indefinite detention over prosecution. More mistakes are going to be made.

Indeed, given the amount of flip-flopping we have seen from the White House on this issue, I am beginning to wonder how long it will be before the Presidential ban on coercive interrogation is lifted in the spirit of bipartisanship.

In June 2009 Attorney General Eric Holder met with 9/11 families and told them that he was personally committed to bringing the perpetrators to trial in open, transparent courts. This was the only way forward if the administration was to rehabilitate America’s damaged reputation on the world stage.

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