Eamonn Fitzgerald's Rainy Day

Yesterday, President George W. Bush said that 14 top terrorists "have been held and questioned outside the United States." Not exactly breaking news, that. Those of us who have been following the hunt for the men behind the 9/11 attacks, knew that Khalid Sheikh Mohammed, Abu Zubaydah and Ramzi Binalshibh were not at Guantanamo, nor inside the US. It's been reported for years that that this core group was being held by the CIA. Said the president: "Many specifics of this program, including where these detainees have been held and the details of their confinement, cannot be divulged." In other words, President Bush made a statement, a defiant one, not a guilty admission. Now, look at how this is being reported:

The BBC: "Bush admits to CIA secret prisons: President Bush has acknowledged the existence of secret CIA prisons…" This is mischievous.

The Guardian: "US confirms existence of secret prison network…" This is absurd.

The Associated Press: "Bush Acknowledges Secret CIA Prisons." This is misleading.

The New York Times: "President Moves 14 Held in Secret to Guantánamo: The announcement was the first time President Bush had acknowledged the existence of secret C.I.A. prisons abroad." This is disingenuous.

"The Washington Post: Bush Confirms Use of CIA's Secret Prisons: President verifies upcoming transfer of 14 suspected terrorists and exitence of classified foreign sites that housed detainees." This is borderline.

Distortion aside, the real news yesterday was that the top terrorists in CIA custody are to be transferred to Guantanamo for criminal prosecution, and that the administration is asking Congress to pass legislation authorizing military tribunals and protecting American servicemen and CIA employees from prosecution or lawsuits arising out of their interrogations of terrorists. The key passage of the president's speech was this:

We're now approaching the five-year anniversary of the 9/11 attacks — and the families of those murdered that day have waited patiently for justice. Some of the families are with us today — they should have to wait no longer. So I'm announcing today that Khalid Sheikh Mohammed, Abu Zubaydah, Ramzi bin al-Shibh, and 11 other terrorists in CIA custody have been transferred to the United States Naval Base at Guantanamo Bay. They are being held in the custody of the Department of Defense. As soon as Congress acts to authorize the military commissions I have proposed, the men our intelligence officials believe orchestrated the deaths of nearly 3,000 Americans on September the 11th, 2001, can face justice.

The timing and manner of this announcement will be seen by many as an attempt by the Bush administration to play the 9/11 tragedy into the November elections, but it won't be easy for the administration's opponents to make capital with it for the simple reason that by challenging Congress to give the administration authority to try these notorious al-Qaeda figures, the president has deftly moved the goalposts. The way he framed the choice yesterday, anyone against his proposal would be denying him the necessary means to protect American security. With no terrorists now in CIA prisons abroad, the coming debate will be about security, not civil liberties. Tricky for the Democrats, that.