Josh Gerstein reports that White House Press Secretary Robert Gibbs suggested the ban on federal trials for Gitmo detainees might not be constitutional:
Asked by POLITICO if the limits contained in continuing resolutions and a defense bill nearing completion in Congress might come as a relief to an administration that has struggled for a year to find a system and a site to try alleged September 11 plotters, Gibbs insisted that the White House's concerns about the measures are genuine.
"I think we're going to make a decision on what's in the best interest of this country and what's also constitutional," Gibbs said at a regular White House briefing for reporters.
Gibbs's mention of constitutional concerns, while vague, seemed to echo comments from Attorney General Eric Holder in an interview aired Tuesday. "It's — from my perspective — a constitutional issue," Holder told ABC News.
This is harder ball than the White House has been playing so far. Now if they start using the words "Commander-in-Chief" we'll know they're serious.
