Attorney General Eric Holder testified before Congress yesterday regarding this whole trying Al Qaeda war criminals in a civilian court. There are plenty of posts blogging Holder's tussle with Sen. Lindsey Graham (R-SC), so go to the link if you want to view them (or view them again if you've already seen them). Also go see Scott Johnson's and Andy McCarthy's smackdown of a document Holder is relying on for determining where the terrorists will be prosecuted called "Determination of Guantanamo Cases Referred for Prosecution." Looking at it, I think the following pretty much sums up how Holder is going to make these determinations (think of Holder as Bullwinkle and Defense Secretary Robert Gates as Rocky):
Bullwinkle: Hey, Rocky - Watch Me Pull A Rabbit Out Of My Hat
Bullwinkle: Oops, wrong hat.
Just as the Justice Department's Office of Legal Counsel provides the legal reasoning for the President and the other departments and agencies of the Executive Branch, somebody at the OLC had to have given the go-ahead for this trainwreck.