Eric Holder is scheduled to testify before the Senate Judiciary Committee tomorrow, and the fur may fly. Presumably he will be questioned about both the Fort Hood massacre and his decision to bring KSM and others to New York for criminal trials.
Byron York makes the interesting point that the Senate could still reverse the administration’s decision to bring terrorists to the U.S. for trial:
On the Khalid Sheikh Mohammed issue, lawmakers say that it is not an absolutely done deal that the trial will take place in the United States as Holder plans. “By statute, the administration is required to give Congress 45 days’ notice before they move anyone out of Guantanamo Bay to the U.S.,” says the well-connected aide. “We’re in that 45-day period now.”
What does that mean? On November 5, the Senate voted to stop an amendment by Republican Sen. Lindsey Graham which would have barred funding for any prosecution of 9/11 terrorists on U.S. soil. The vote was 54-45. Those voting in favor of the Graham amendment included all Republicans and Democratic Sens. Maria Cantwell, Joseph Lieberman, Blanche Lincoln, Mark Pryor, and James Webb.
Although the amendment was defeated, there is no reason it could not be revived if some senators change their views on the wisdom of holding the Khalid Sheikh Mohammed trial in American civilian courts.
It isn’t clear to me whether such an amendment would need to be passed by the House as well; prospects there presumably would be dimmer.