But check Andrew McCarthy, former Assistant United States Attorney for the Southern District of New York, "Obama Administration Halts Commission Trial Against Cole Bomber":
It’s a sleepy Friday in late August, the president is on another vacation, Congress is out of town, no one is paying much attention. What better time for the Obama administration to pull the plug, once again, on military commissions? This time, it has halted the case of top al-Qaeda operative Abd al-Rahim al-Nashiri, who was to be prosecuted by a military court for the Cole bombing. The Washington Post report is here, and Jen Rubin has thoughts at Contentions.See also Newsmax, "USS Cole Bomber May Get Civilian Trial." And don't miss AoSHQ, "Obama administration shelves prosecution of alleged USS Cole bomber."None of this is terribly surprising. Prosecuting the Cole case by military commission sticks in the Left’s craw because it shows the incoherence of the Obama/Holder position. They want to treat the war like a crime and endow our enemies with all the rights and advantages of civilian courts; yet, they went military in the Cole case, despite the fact that there is a pending Justice Department civilian indictment addressing that attack. There can be only one explanation for that: they are afraid the case against Nashiri is weak and might not hold up under (slightly) more exacting civilian court due process. That is, the Obama/Holder position is not principled — for all their “rule of law” malarkey, they are willing to go where they have the best chance to win. But there were no military commissions when the Cole was bombed, so what is the basis for trying it militarily? Answer: the 9/11 attacks and the ensuing war . . . except the Left doesn’t accept that it’s a war and the administration wants to prosecute the 9/11 plotters in civilian court. None of it makes any sense.
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