Andy McCarthy writes at NRO:
AG Holder's testimony has resumed, and Senator Durbin claims that no one complained about the Moussaoui trial being in a civilian court. In fact, many of us complained - I pointed out several times that Moussaoui was the "poster child" for commissions.
More importantly, though, Senator Durbin and the attorney general fail to point out that the Moussaoui trial was a three-ring circus, that the district judge actually tried to dismiss the indictment, and that we don't know what would have happened had Moussaoui not surprised everyone by pleading guilty. When the Court of Appeals reinstated the Moussaoui indictment, it also said it was sensitive to the trial judge's concerns and would look very carefully to ensure that the government made available to Moussaoui all the information he needed to present his defense. What would have happened if Moussaoui had continued to press his demand for access to classified information and testimony from al-Qaeda captives like KSM? We don't know.