If Rahm Emanuel is actually deciding what sort of trial KSM et. al. should get on the basis of what he calculates would be most politically convenient for the Obama administration, then the only honorable thing for Eric Holder to do is to resign. It’s every bit as illegitmate for the White House to order Holder what to do in this matter as it was for Richard Nixon to order Elliott Richardson to fire Archibald Cox. Barack Obama (let alone his messenger boy Emanuel — or is the other way around?) is not the nation’s chief law enforcement officer: Eric Holder is. Holder has spent the last three months telling everyone that considerations of basic justice argued for trying KSM in our regular courts, rather than in military tribunals set up for the purpose of disposing of particularly troublesome criminal cases.
When Richardson and his deputy William Ruckelshaus were ordered to do something perfectly legal but also perfectly disgraceful, they resigned (their underling Robert Bork had no such scruples).
It’s simply outrageous for White House officials to make prosecutorial decisions of this sort, and in this manner. It’s essentially no different than having Rahm Emanuel order the DOJ to indict certain persons, against the better judgment of government’s top lawyers, because such indictments are calculated to improve his boss’s political fortunes. Or is that the next step in the administration’s ongoing “pragmatic” accomodation to the worst impulses of the American political system?
See also Scott Horton:
In sharp violation of rules of prosecutorial conduct and ethics, political figures in the White House are engaged in the micromanagement of decisions concerning the prosecution of individual criminal defendants. Rahm Emanuel is a political figure, without any serious legal expertise or abilities. He openly presented the question as a matter of political opportunity—thereby infecting the criminal justice system with political horse-trading. This is more than just unseemly. It presents a direct affront to the integrity of the criminal justice system. After eight years in which Karl Rove manipulated essential prosecutorial decisions at Justice, now his successor is engaged in the same type of misconduct. But unlike Rove, Emanuel does it openly.