Should we hold military commissions for all terrorism detainees?
THE ISSUE
Leading Congressional Republicans oppose the Obama administration's plans to try Khalid Shaikh Mohammed and other accused terrorists in civilian courts. They are arguing that getting tough on terrorism means trying foreign terrorism suspects before military commissions. Senator John McCain and Joseph Lieberman recently filed legislation to ban civilian trials for all foreign terrorism suspects.
However, national security officials who served in the Bush administration have expressed their belief that a commisions-only policy would take away important tools that the government needs to keep America safe. It will make extraditing suspects from other countries more difficult, take away a number of criminal charges that could be used against the suspects, and make it less likely for the defendants to cooperate with authorities. Also, because the commisions system has not been tested legally, any verdict becomes more open to appeal.
Last Friday, The Washington Post, citing unnamed sources, said Obama's "advisers" are close to recommending that Mohammed be prosecuted before a military commission.

