Detainee by any other Name

This is frustrating. The rule of law is so clear, that this does not rise to the level of debate. Unfortunately, Obama has demonstrated that he does not have a strong counter-punch.

Below is the URL to Eric Holder's Letter to Mich McConnell. Please read it. If you read that, you don't need to continue reading my comments.

Here are the quick highlights of Holder's letter: since 2001, there have been over 300 terrorists convicted in US Civil courts. In that same time, there have been two people (ONLY TWO) who have been transfered to "Law of War" detention. (Jose Padilla & Ali Saleh Kahlah Al-Marri) In both these cases, the process to use the "Law of War" placed significant risk to the prosecution process. All this resulted in was a much longer legal process, under two different court jurisdictions, where one court decided that the President did not have the authority to hold Padilla under the Law of War, and that Al-Marri was not afforded proper process to challenge his detainment. In the end, both detainees were transfered back to Civilian law and were convicted.

Lets be clear, McConnell, McCain, Collins and other Republicans are asking Obama to prosecute both KSM & Abdulmutallab using a:

a) Process that has never been successfully prosecuted before under Obama or Bush

b) And which has the highest likelihood to fail.

So as yet another example of how the Republicans are Obstructionists and are tuned to a single message: "Oppose Obama at all cost", McConnell & Sue Collins are willing to risk the strongest case against Abdulmutallab, and risk conviction, in order to gain their political stature.

If Obama were to follow their lead, there is a high probability that the prosecution would fail and be sent back to the Civil Process. Rest assure, the Republicans would make that a circus. If Obama, rejects their recommendation, Republicans continue this talking point.

The ctritical point in this argument is: They are wrong, They never followed their own advice and when they tried, it failed.

There should be no discussion here. But since the Republican Party is short on Leadership, short on credible solutions without working with Democrats in some way, they can only defuse, deflect, obstruct, mislead and blur the national conversation.

Eric Holders Letter to Mitch McConnell

http://www.justice.gov/cjs/docs/ag-letter-2-3-10.pdf