Meet Barack Obama’s new attorney general: Rahm Emanuel

[angelicwoman]

By Scott Horton, Harper's Magazine (March 5, 2010)

As long rumored, Emanuel appears to be pursuing his deal with South Carolina Senator Lindsey Graham, under which Khalid Sheikh Mohammed and a group of prisoners tied to 9/11 will be tried before a military commission and not a federal court, in exchange for Graham’s support for closing Guantánamo.

Why is this effort such a big deal? After all, Obama has consistently said that cases could go either to the military commissions or to federal courts. Eric Holder has said that military commissions might also be appropriate for the 9/11 defendants. But these developments put the White House and its relationship with the Justice Department in a new light:

1) 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.

2) The attorney general’s decision as to where and how to go about presenting these cases, which rested on the professional analysis of the Justice Department, is being overturned as part of a political deal. Emanuel is placing the attorney general in a humiliating position where the only honorable thing he can do is resign. That’s a masterstroke for a White House chief of staff.

3) Emanuel’s implicit assumption that this bargain will loosen up opposition to the closing of Guantánamo looks highly problematic and perhaps even foolish. By agreeing to try these high-profile cases before a military commission, he is actually strengthening the hand of those insisting that Guantánamo be kept open—because the infrastructure for these trials is already in place at Guantánamo.

4)Emanuel is reinforcing the growing public impression that the Obama White House isn’t serious about any of the high principles Obama articulated during the 2008 presidential campaign, and instead is prepared to compromise on any of them for some short-term and doubtful tactical advantage in Congressional votes.

Read the whole thing: http://www.harpers.org/archive/2010/03/hbc-90006644