Gates, Holder oppose limiting decisions on where executive may try terrorists

Defense Secretary Robert Gates and Attorney General Eric
Holder are imploring House leaders to oppose any measures aimed at restricting
the administration’s ability to try alleged terrorists in federal court or
reformed military commissions.

Gates and Holder sent a letter to Speaker Nancy Pelosi
(D-Calif.) and Minority Leader John Boehner (R-Ohio) on Wednesday expressing
their joint opposition to any legislation limiting the administration’s ability
to determine whether to try detainees in civilian or military courts.

“The exercise of prosecutorial discretion has always been
and should remain an executive branch function,” they wrote. “We believe it
would be unwise and would set a dangerous precedent for Congress to restrict
the discretion of our departments to carry out specific terrorism
prosecutions.”

{mosads}They also argued that members of Congress trying to prevent
the administration from trying suspected terrorists in federal court are wading
into unchartered legislative territory.

“…We have been unable to identify any precedent in the
history of our nation in which Congress has intervened in such a manner to
prohibit the prosecution of particular persons or crimes,” they wrote.

The inclusion of Gates, a Republican who previously served
as defense secretary under President Bush, on the letter demonstrates the
administration’s growing concern about legislation barring any money from being
sent to try Guantanamo Bay detainees in civilian courts. Republicans will have a
tougher time dismissing the opinions of one of their own when pursuing bills
designed to restrict detainee trials to military courts.

Holder has faced scathing GOP criticism in recent weeks for
his handling of the Christmas Day bombing attempt and decision to try Khalid
Sheikh Mohammed, the mastermind of the 9/11 attacks, in a Manhattan federal
court. President Barack Obama has since reversed that decision and is currently
looking for an alternative site.

In the last week, Republicans were frustrated again by
Holder’s admission that nine Obama appointees in the Justice Department have
represented or advocated for alleged terrorists.

Democrats have begun jumping onto Republican bills in the
House and Senate that would bar any funds from being spent to try the alleged
Sept. 11 plotters in civilian court, an attempt to force the administration to
try the detainees before military commissions.

Sen. Blanche Lincoln (D-Ark.), who is in a tight race for
reelection, is co-sponsoring a bill along with Sens. John McCain (R-Ariz.),
Lindsey Graham (R-S.C.) and Joe Lieberman (I-Conn.) that would prevent any
money from being spent to move Sept. 11 terrorism suspects to the U.S. for
civilian trials.

In the House, a similar measure pushed by Reps. Peter King
(R-N.Y.) and Frank Wolf (R-Va.) has attracted the support of three Democrats:
Dan Boren (Okla.), Jason Altmire (Pa.) and Mike McMahon (N.Y.).

House Democrats on Tuesday night rejected several GOP
amendments to the intelligence authorization bill that would have prevented the
transfer of detainees to U.S. soil for trial in civilian court.