Dr. Maccoby participates in a Weekly Forum on Washington Post.com called "On Leadership". I am compiling all of his responses to the weekly questions here.

Our need to feel protected

The idea that Eric Holder has tried to insulate his department from political considerations is the invention of a few media commentators.

From the day Holder took office, every decision he has made about prosecuting al Qaeda terrorists has been influenced by politics. Initially, he declared that terrorists would have Constitutional rights and be tried in civilian courts. The public response was generally positive, a reaction against the Bush administration's "torture" of prisoners at Gitmo. Europeans applauded this decision which possibly contributed to Obama's Nobel peace prize. The reaction in the Middle East was also good. Many people thought that this decision would undercut al Qaeda's propaganda and recruitment message.

Holder and the Obama administration must have anticipated political benefits from its decision. What changed, what they could not expect, was the foiled al Qaeda attempt to blow up a plane of Christmas day. The Republicans saw an opportunity to make political gains by claiming that Holder and Obama were soft on terrorism because they permitted the FBI to interrogate the Nigerian suspect and to give him Miranda rights.

In fact, the Republicans ignored the fact that the Bush administration had allowed the FBI to proceed in this way with a number of al Qaeda terrorists. Their attack, amplified by the media, portrayed Holder as indecisive and na•ve. Holder understands politics, but he lost this round.

All cabinet members have a political role: to further the president's policy within the guidelines of the law. To do so, they must be able both to interpret the law and sense how the public is likely to respond to their actions. Legal experts have debated whether terrorists should be tried as criminals, with Constitutional rights, or as prisoners of war to be tried by military tribunals. An anxious public has no doubt that the terrorists are soldiers in the al Qaeda army. Effective leaders transform fear into resolve by acknowledging it and attacking its cause.

By treating terrorists as criminals with Constitutional rights, Holder gives fuel to the president's political enemies who are firing up public anxiety and calling him weak on terrorism. Holder's policy thus makes it harder for the president to achieve his goals.

In time of war, past presidents have trampled on the Constitutional rights of American citizens. For example, Lincoln famously suspended habeas corpus, arresting and not charging thousands of Civil War opponents, and FDR ordered Japanese-Americans into concentration camps.

One can argue whether or not these acts were justified. But most of the terrorists going to trial are not citizens and have been sent to kill Americans by an avowed enemy. I can think of no compelling reason for Holder to ignore his role as a political leader who should be strengthening the administration by responding to the public's need to feel protected from America's enemies.

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