Defense Secretary Robert Gates and Attorney General Eric Holder wrote to Senate leaders last week to oppose an amendment by Senator Lindsey Graham (R-S.C.) that seeks to block the use of civilian courts to try 9/11 suspects. "We believe that it would be unwise, and would set a dangerous precedent, for Congress to restrict the discretion of either department to fund particular prosecutions ... The exercise of prosecutorial discretion has always been and should remain an Executive Branch function. We must be in a position to use every lawful instrument of national power--including both courts and military commissions--to ensure that terrorists are brought to justice and can no longer threaten American lives." While the response from Gates and Holder has a muscular air to it, they did not explain why President Barack Obama has set a presumption that Guantanamo prisoners should be tried in civilian courts unless compelling considerations make military commissions a better choice. Full Article at The Politico