9-11 was the result of following the lawfare model embraced by some of the comments above. By treating the enemy as criminals, entitled to due process and discovery we revealed intelligence that permitted Osama to hide his plans for the 9-11 attacks. This occurred when evidence was provided to defendents in the African Embassy bombing case that the US was intercepting Osama's satelite phone conversations. Many have mistakenly attributed Osama's halt in using his satelite phone to media stories about the fact he used one, but Osama never hid that fact. He instead used his satelite phone to talk to the media and among otherthing deny that he was responsible for the embassy bombings.

Besides the problems caused by having to reveal intelligences sources and methods, the lawfare approach has another problem. It leaves us on the strategic defensive, mainly reacting to attacks rathr than taking the battle to the enemy and disrupting his plans.

The current debate over what form the trials of unlawful enemy combatants will take is in many ways a result of a flawed interpretation of the Geneva Conventions by the Supreme Court in the Hamdan case. I would take a more passive aggressive approach to dealing with that problem. The unlawful enemy combatants would be told that they will be held until the ened of the conflict like any other detainee in a war. If that results in an effective life sentence so be it.

As for the issue over interrigation techniques, it is clear to me that the President's approach will be more effective at preventing future attacks and that the PR advantages of the alternative approach do not offset the risks of not preventing further acts of mass murder. Supporters of the alternative approach are asking the US to risk paying a high price for some minimal PR brownie points with people who are at best, indifferent to our national security.