According to the Times editorial:
That retreat was a victory for Congressional pandering and an embarrassment for the Obama administration, which failed to stand up to it.Click here to read the full editorial.
The wound inflicted on New York City from Mr. Mohammed’s plot nearly a decade ago will not heal for many lifetimes, yet the city, while still grieving, has thrived. How fitting it would have been to put the plot’s architect on trial a few blocks from the site of the World Trade Center, to force him to submit to the justice of a dozen chosen New Yorkers, to demonstrate to the world that we will not allow fear of terrorism to alter our rule of law.
But, apparently, there are many who continue to cower, who view terrorists as much more fearsome than homegrown American mass murderers and the American civilian jury system as too “soft” to impose needed justice. The administration of George W. Bush encouraged this view for more than seven years, spreading a notion that terror suspects only could be safely held and tried far from our shores at Guantánamo and brought nowhere near an American courthouse. The federal courts have, in fact, convicted hundreds of terrorists since 9/11. And federal prisons safely hold more than 350 of them.