«The decision to bring Khalid Sheikh Mohammed and four other top al-Qaeda terrorists to New York City for a civilian trial is one of the most irresponsible ever made by a presidential administration. That it is motivated by politics could not be more obvious. That it spells unprecedented danger for our security will soon become obvious. The five 9/11 plotters were originally charged in a military commission. Military commissions have been approved by Congress and the courts. Eleven months ago, the jihadists were prepared to end the military case by pleading guilty and proceeding to execution. (...) The Obama Justice Department teems with experienced defense lawyers, many of whom (themselves personally or through their firms) spent the last eight years volunteering their services to America’s enemies in their lawsuits against the American people. As experienced defense lawyers well know, when there is no mystery about whether the defendants have committed the charged offenses, and when there is controversy attendant to the government’s investigative tactics, the standard defense strategy is to put the government on trial. That is, Pres. Barack Obama and Attorney General Eric Holder, experienced litigators, fully realize that in civilian court, the Qaeda quintet can and will demand discovery of mountains of government intelligence. They will demand disclosures about investigative tactics; the methods and sources by which intelligence has been obtained; the witnesses from the intelligence community, the military, and law enforcement who interrogated witnesses, conducted searches, secretly intercepted enemy communications, and employed other investigative techniques. They will attempt to compel testimony from officials who formulated U.S. counterterrorism strategy, in addition to U.S. and foreign intelligence officers. As civilian “defendants,” these war criminals will put Bush-era counterterrorism tactics under the brightest public spotlight in American legal history. This is exactly what President Obama and Attorney General Eric Holder know will happen. And because it is unnecessary to have this civilian trial at all, one must conclude that this is exactly what Obama and Holder want to see happen. (...)»A decisão de julgar Khalid Sheikh Mohammed em processo civil, ao criar condições para a divulgação pública de informação dos serviços secretos, colocando em risco toda a sua estrutura operacional, configura um crime de alta traição: Obama e companhia preparam-se para pôr à disposição dos terroristas presos e dos seus representantes legais informação confidencial e crítica para a defesa face à ameaça terrorista. Para além disso, põe a anterior administração no banco dos réus. Obama mata dois coelhos com uma cajadada. Ganha o terrorismo islâmico e alegra-se a esquerda progressista e suicida. Perde a segurança dos EUA e do mundo.
Em artigo na National Review Online, Andrew McCarthy reexpõe a sua tese, já defendida em postal anterior, mas explicitada com mais riqueza de pormenores e clareza de argumentos (no fundo, a diferença entre um postal num blogue e um artigo numa revista de referência).