Obama, in his infinite wisdom, said:

the first attack against the World Trade Center, we were able to arrest those responsible, put them in trial. They are currently in US prisons, incapacitated.

Andrew McCarthy pointed our how wrong the wise one was, in this NRO rebuttal.

But there is another huge problem with the Supreme Court’s decision, as I pointed out in a previous post. From that post:

Bradford Berenson, former Associate White House Counsel, was on C-Span (Friday evening 3/23/06), explaining why military tribunals were appropriate for terrorists. He noted that U.S. District Judge Kevin Duffy, the judge who tried the perpetrators of the 1993 World Trade Center attack, has a 24-hour guard to protect him from revenge attacks by Muslim terrorists. That is a huge burden for a public servant and the public purse to bear.

A little googling confirmed that the judge is indeed under such protection:

Michael Bounds, 47, Jackson, deputy U.S. marshal:

Terrorists had been on his mind hours before two airliners smashed into the World Trade Center.

That’s because Bounds was in New York City on a special detail, helping to protect U.S. District Judge Kevin Duffy, who presided over the trial involving the 1993 terrorist bombing of the center. “He has a lifetime detail protection based on the threats against him.”

When the terrorist strike took place on Sept. 11, Bounds helped rush Duffy to a secure location.

Suppose we capture Osama bin Ladin and he is tried in a civilian court in New York. Suppose you are asked to serve on the jury. Suppose you receive threats against your life from Osama’s supporters. Would you still serve? Suppose jurors at a previous terrorist trial had been decapitated by Muslim terrorists. Still willing to serve? Duffy received threats so serious that he has lifetime protection. Would civilian jurors get the same level of protection? Your call.

Muslim terrorists are at war with our society. You can be certain they will target the judges, prosecutors and jurors involved in prosecuting them. Can we give all those people 24-hour protection? Did the Supreme court even consider the danger that civilian judges will face if they convict terrorists.

The Supreme five will not need the protection that Duffy has. They gave our enemies the rights of US citizens. Obama was pleased with that decision. No doubt Osama is too.