Dems Support GOP Bill Preventing Funds for Civilian Guantanamo Trials

It is good to see the Democrats in Congress coming around on this. Civilian trials of unlawful enemy combatants are not appropriate and potentially dangerous. Even the Obama Administration has recognized that the established system for military tribunals is an alternative that is available and that will be used by this Administration. It is time to clarify our nation's policy on this matter to make all unlawful combatants subject to military tribunals, and not civilian courts. It appears that the Congress is poised to advance that effort on a bipartisan basis.

And before anyone starts with the "what about Bush" chant, these tribunals were not available for Bush to use prior to their formal establishment under law just a few years ago.

In any case, a number of the Democrats in Congress have apparently experienced a 'moment of clarity' in the aftermath of the election of Scott Brown as the new Senator of Massachusetts (Ted Kennedy's seat). It looks like this bipartisan effort is probably going to succeed, with the result being that these unlawful enemy combatants are likely to be tried in military commissions in Guantanamo Bay after all.

[RQUOTER]Dems Sign on to GOP Bill Preventing Funds for Civilian Guantanamo Trials

Two Democrats signed on to a Republican bill that would prevent any funds from being spent on prosecuting Guantánamo Bay suspects in U.S. federal court. Reps. Jason Altmire (D-Pa.) and Mike McMahon (D-N.Y.) last week joined Rep. Pete King (R-N.Y.) and 16 other Republicans in sponsoring the legislation, which would deny the Justice Department any funds for trying Khalid Sheikh Mohammed and other suspected terrorists in federal civilian court. In the weeks since GOP Sen. Scott Brown’s historic election in Massachusetts, King said he believes support in the Democratic Caucus for President Barack Obama’s detainee policies has eroded and predicted the measure would pass if Democratic leaders allow a floor vote on it. “I have no doubt that if it comes to a vote on the House floor, it will pass,” King said. “You cannot underestimate that impact of the election in Massachusetts, especially when so much of his [Brown’s] messaging dealt with terrorism. “A number of Democratic members and senators have come up to me and have thanked me for leading on this,” he added.

Obama has not ruled out putting Mohammed on trial in New York City, but said Sunday that he is taking into account objections of the city’s mayor and police commissioner. New York City Mayor Michael Bloomberg originally supported the plan, but balked when costs for security reached an estimated $1 billion. He has since said holding the trials elsewhere, such as a military base, would be more feasible. The city’s police commissioner, Ray Kelly, has said he was never briefed by the Justice Department about its plans to possibly hold the trials in lower Manhattan. On Monday, Bloomberg said he wants assurance from the Obama administration that it will help pay for the additional security the city would need to provide for the trials to be held there.

Late last week, King and Rep. Frank Wolf (R-Va.), the ranking member on the subcommittee that funds the Justice Department, started circulating a letter addressed to Attorney General Eric Holder for House colleagues to sign. King’s spokesman would not say exactly how many Democrats have signed on yet because the lawmaker plans to continue gathering signatures at the beginning of this week. “In light of the growing opposition from New York’s local and state leaders, Attorney General Holder is now reportedly venue shopping for a new location,” King and Frank wrote. “This strategy is no less dangerous, costly or reckless than his decision to hold the trial in New York City.”

Altmire and McMahon, two centrist Democrats, join Brooklyn’s Rep. Nydia Velázquez (D) in opposing the administration’s decision to hold Mohammed’s trial in Manhattan. Late last year, Velázquez wrote Holder to say the trial would harm businesses, and, more recently, Sen. Dianne Feinstein (D-Calif.), who chairs the Senate Intelligence Committee, agreed with Bloomberg that Mohammed should not be tried in New York. New York’s Democratic senators, Charles Schumer and Kirsten Gillibrand, have said they are receptive to alternative sites. “From the Justice Department’s first announcement about the KSM trial in November, I have stated that I thought the best course of action was to try these animals in a military tribunal,” McMahon said in a statement. “If the administration is determined to have a civil trial, changing the venue of these trials is the only thing to do.” McMahon said he preferred the administration try the Sept. 11 terrorist suspects in military commissions at Guantánamo Bay and said he would oppose any use of taxpayer dollars to transport detainees to the U.S. for civil trials.

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If it comes up for a vote in the House, home many Democrats will have the courage to vote against this bill? This bill might very well get a 2/3 majority.

And even if it doesn't, the funds for this exercise will be removed from the final approved budget. That only requires 50 votes. Combined with this bill, passed on a bipartisan basis by a large margin, Obama will have to go along. Obama is not going to veto the budget under these circumstances.