It has taken two years for the Obama administration to snap out of its never-never land approach to national security.   But by announcing a reversal on their plans for civilian trials of terrorists including Khalid Sheikh Mohammed, they are implicitly confessing that their campaign attacks on the Bush administration were wrong and that decisions like opening Gitmo and military commission trials are the best balance of security needs and protections for liberty.  Military courts will provide a fair trial and allow the United States to protect intelligence secrets, which are the most important weapon in this war.  I still believe, however, that the administration has yet to prove that it can run terror trials successfully, and until thy do, the best choice is still to capture more al Qaeda leaders rather than kill them, and to detain them while exploiting the information that they have.

Update: Richard Epstein and I will be discussing this reversal on the upcoming episode of the "Law Talk" podcast (available only to members) this Wednesday, April 6.

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More by John Yoo:

Obama's Guantanamo Turnabout

Comments:


Matt B.
Joined
Apr '11
Tracy Morgan

No real surprise though, right John? We all knew that this stunt by the Holder Justice Department would never pan out. Will the Republicans be able to capitalize on this snafu, and maybe make some of this muck stick to the Administration? Feel free to use this as podcast fodder. Thanks for all you have done and continue to do.  

River
Joined
Aug '10
River

A very welcome development. Can it be that the Obummer Regime is actually feeling the heat from the flames of their faux principles going up in smoke? Every program Bush initiated for our security - almost - has been continued by these so-called 'progressives'.

Where is Code Pink, MoveOn.org., and all the other crypto-Marxist Alinsky-ites? God save us from the brain-dead voters who still give a 42% approval rating to our Sophomore-in-Chief.

AmishDude
Joined
Dec '10
AmishDude

Frankly, I wanted a KSM trial to take place, oh, during August-October 2012.

So, libs, how's that hope 'n' change workin' out for ya?

Mark Belling Fan
Joined
Sep '10
Mark Belling Fan

 How long 'til we find out that we're still waterboarding terrorists?

Judith Levy, Ed.

I was astonished to see this in the Times just now, and look forward to hearing your commentary about it on Law Talk.

KC Mulville
Joined
Jan '11
KC Mulville

They're still arguing that they're trying to close Gitmo and that their civilian approach is better ... but two years after coming into office, they still haven't done it.

Have we ever had an administration whose stated explanations are so far removed from their actions? 

Here's what I think is happening: the naivete of the administration is colliding with the professionals in the departments, and the professionals are winning. The Obama Gang wants to close Gitmo, as did Bush, but they both discovered that there are no workable alternatives. Bush, at least, didn't pretend otherwise. The Obama Gang wants to pursue an internationalist foreign policy, but the professionals know that the international community causes more problems than they solve. 

Every executive hates being blocked by a bureaucracy. Sometimes, however, it's a good thing.

Tommy De Seno

 I've said it before and I'll say it again - he's President Bush on steroids.

Bigger deficit, bigger bailout, bigger health care costs, more war, and now Gitmo trials.

Someone needs to make a spoof commercial of him campaigning in 2008, but promising to do all the things he has done. 

Would be funny.

Edited on April 4, 2011 at 9:37pm
StickerShock
Joined
Jun '10
StickerShock

 Thank God.

My daughter goes to school a few blocks from the courthouse & I was extremely worried about the dangers a trial would bring.

Quixotic
Joined
May '10
Brian Quixotic

If cruelty is enjoyment of the pain of others, then I'm certainty experiencing some delightful cruelty projecting how painful it must be for the vain moral preeners of the current administration to be getting a significant measure of policy approval from none other than John Yoo.


Joined
Feb '11
pbjacts

 I suspect the decision to try KSM at Gitmo is repositioning. The current administration is now in campaign mode and trying to recapture the moderate vote. I doubt there is any so-called recognition of reality at all.

reidspoorhouse
Joined
Apr '11
reidspoorhouse

Schadenfreude - is the word meaning enjoyment in the misfortune of others, though I don't think this fits exactly, because misfortune implies bad luck usually. This is clearly self inflicted!


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