Morning Bell: A Historically Bad Decision

Conn Carroll / November 19, 2009

Last Friday, Attorney General Eric Holder announced that Khalid Sheikh Mohammed and five other terrorists would be tried in a civilian court in New York City rather than before a military tribunal. Pressing Holder on this decision at yesterday’s Senate Judiciary Committee Oversight hearing of the U.S. Department of Justice, Sen. Lindsey Graham (R-SC) asked: “Can you give me a case in United States history where a (sic) enemy combatant caught on a battlefield was tried in civilian court?”

Holder responded: “I don’t know. I’d have to look at that. I think that, you know, the determination I’ve made…” At which point Graham interjected: “We’re making history here, Mr. Attorney General. I’ll answer it for you. The answer is no.” Holder’s decision does make history. And not in a good way. Edwin Meese III, the Ronald Reagan Distinguished Fellow in Public Policy and Chairman of the Center for Legal and Judicial Studies at The Heritage Foundation as well as the United States Attorney General between 1985 and 1988 released the following statement yesterday on Holder’s unprecedented decision: (more…)