I think Glenn Greenwald is missing the point when he cites poll numbers showing majorities approve of President Obama‘s handling of terrorism show that the GOP strategy of fearmongering on terrorism is “far from clear.” What’s clear so far is that Obama has proven to be able to weather those attacks–but it’s also clear that the political landscape is shifting in favor of arbitrary lawlessness when it comes to handling terrorism suspects.

It’s not just that most Americans want a military trial for the alleged 9/11 conspirators. According to a recent Qunnipiac poll, 68 – 25 percent of voters say that “terrorism suspects should not receive all of the constitutional protections afforded by a civilian trial,” as though the accusation itself justified slanting legal proceedings toward a guilty verdict. A vast majority 76 – 19 percent, want failed underwear bomber Umar Abdulmutallab tried in a military court, although bizarrely enough, voters approve by a margin of 52 – 42 percent the decision to grant him miranda rights.