There's a lot to say about the potential shift of the KSM trial from the civilian courts to a military commission, and a lot that's been said. First off, the good people at Human Rights First tell us not to give up the fight; as long as this still seems to be in play, we should all call the White House and tell the administration to stick to its guns and prosecute the cases in our regular justice system. [You'll have to wait until Monday business hours to reach the WH comment line by phone, but meanwhile you can send a message through the web site.]
Then there's excellent analysis on this blog -- Michael Cohen parceling out the culpability for this horrible mess, and Pat Barry asking whether national security eminences like Colin Powell will be as ready to help fight the next policy battle. For my part, I want to emphasize what a major concession to fear-based politics this move would be. This would represent not merely a tactical retreat, but a strategic defeat. If ever there was an issue on which progressives should be playing offense, this is it.
When it comes down to it, all these shrill chicken little cries show the right wing's lack of confidence in American strength. For all our supposed pride in our system of government, the implicit argument for military trials is that the system can't handle these 100-feet-tall terrorists (the ones we already have in custody, remember). Never mind that our regular court system has a much better track record; at latest count, the score is Judiciary 200 - Military Commissions 3.
I mean, where does this go next? What is the next level of toughness that will be a test of whether we're sufficiently building up, er, taking the terror threat seriously? At this point, "tough on crime" is the new "soft on crime." Next thing we know, the right wing will insist that terror suspects be remanded to the custody of Delta Force.
But I digress. The point is that the far right has tossed aside any consideration of effectiveness, track record, or principles of the rule of law. This country has a political system in which the military reports to civilian masters (in a word, us) -- fighting our wars and defending our security and interests. In the terror trial debate, it seems like the military is treated as a sort of toughness bank; we need some toughness, let's get it from the military. The implication is that the civilian governing authorities, which are supposed to be broader in function and ranking above the uniformed services, can't handle the custody and prosecution of a handful of death-loving, glory-seeking sadists.
As we build up the terrorists into some kind of superhumans, are we losing sight of how this diminishes us? It seems to me that this shows a profound lack of faith in our system, our values. Think of the contradiction at work here: America is a mighty and upstanding nation; it should cower in fear.
The thing about worst-case scenarios is that they are a slippery slope toward darker and darker predictions. Where do you stop? What keeps them moored in reality? And this is the really disturbing thing, the politics of the terror threat are propelling this great nation toward a policy based on a freak-out.