The White House shift toward trying terrorism suspects in military rather than civilian courts includes a political calculation aimed at blunting criticism of President Obama’s national security credentials.
While the move alienates the president’s base, that’s a risk the administration is willing to take heading into a tough election with polls showing a majority of Americans support tribunals over federal courts.
“The administration has bigger fish to fry right now, and they don’t want to dissipate energy and effort by fighting on this,” said Cal Jillson, a political scientist at Southern Methodist University. “There is more to be lost than won.”
The administration last week floated a trial balloon to various news organizations quoting unnamed sources indicating Obama was leaning toward military tribunals for Khalid Sheikh Mohammed, the accused architect of the 9/11 attacks.
Many members of Congress, including many Democrats, strongly opposed earlier plans by the Justice Department to try Mohammed and others in New York City federal courts.
That resistance grew out of an earlier impasse when lawmakers blocked funding and authorization the administration sought to close the prison at Guantanamo Bay and shift the remaining detainees to U.S. facilities.
Easing up on the unpopular plan to try detainees in civilian courts could serve the administration two ways: By removing a potent campaign issue from Republicans and possibly buying back support from lawmakers for closing the Cuban-based prison.
Obama had promised to close the facility within a year of taking office, but missed the deadline.
ABC News pollster Gary Langer noted that Obama faces a limited risk in shifting from civilian court trials to tribunals — a network poll last month found the plan supported by 55 percent to 39 percent.
While liberals strongly supported Obama’s original plan for civilian trials, by 62 percent to 31 percent, such liberal Democrats represent just one-fourth of the population, Langer said.
Among conservatives, the breakdown was 75 percent to 22 percent for military trials, and moderates backed the plan by 50 percent to 43 percent.
The Christmas Day bomber brought the issue into sharper relief for Obama, who until then had not spent much time publicly talking about national security.
What remains unclear is where the tribunals might be held.
Cmdr. Kirk Lippold, commanding officer of the USS Cole when it was attacked in Yemen in 2000, said the $300 million military installation at Guantanamo Bay includes state of the art courtrooms that would protect sensitive national security concerns while also allowing 9/11 families and others to watch the proceedings remotely.
But it’s unlikely the administration will go that route, he conceded. Holding the trials at Guantanamo Bay only highlights Obama’s failure to close it.
“That is one of the great problems of this administration, they are trying to politicize national security and what they need to do is realize we are at war,” Lippold said.
