On the recordMarch 5, 2010
Mr. President, I was pleased to see an article in the Boston Globe today saying: . . . White House advisers are close to recommending that President Barack Obama opt for military tribunals for the self-professed Sept. 11 mastermind, Khalid Sheik Mohammed and four of his alleged henchmen, senior officials said. The review of where and how to hold a Sept. 11 trial is not over, so no recommendation is yet before the president and Obama has not made a determination on his own, officials said. The review is not likely to be finished this week. The officials spoke on the condition of anonymity. I will just say, I think that is right. I appreciate the President reevaluating the position taken by his Attorney General. I think it was based on a number of errors in analysis of the nature of the conflict we are in and the status of law, frankly, in America today. I have written about that in the Politico publication. I will make a point or two about the five errors, mistakes, sometimes even falsehoods, it seems to me, that have been put forth to justify trying military combatants--unlawful combatants, really--in civilian courts and why this is not a good idea and some of the thought processes we should go through. On February 3, Attorney General Holder wrote this: Since the September 11 attacks, the practice of the U.S.…





