By all accounts President Bush was handed a defeat today with the Supreme Court ruling that his plan to try terrorists at Guantanamo Bay by Military Tribunal can not be done.
And possibly it is a defeat.
But there are few things that will likely mitigate this.
The first is that Gitmo contains some very dangerous hombres. And the second thing is that it will now be Congress' problem.
Democrats, and some Republicans, have been very critical of Gitmo. Now they will have to stop criticizing and figure out what to do with the detainees housed there.
It is now their responsibility. Ted Kennedy and Patrick Leahy, who have been calling for trials in civil courts will now have to be part of the solution as to how this is done. How do you collect evidence of guilt when someone is picked up in a foreign country. How do you investigate the crime and present evidence?
How do you present evidence without compromising the intelligence used to capture him?
And if you can do none of these, do you just release a jihadist into the community? Back to their home country? How about if the home country doesn't want him back?
Perhaps the solution will be that these folks get released into the custody of Senators Leahy and Kennedy.
Regardless, it their problem now.
And the positions they will be taking will be just in time for the Congressional mid-term elections.
I just can't wait to ask Bernie Sanders what he will do.
