expected to accept as smart

option. On Capitol Hill, meanwhile, lawmakers sought to further erode traditional Justice Department functions by transferring more authority over detainee policy to the Department of Defense. These are big developments. They will shape the contours of the terror law debate for years to come.Alas, they also clearly reveal many of the same divisions and contrary directions we've seen over and over again since President Bush authorized the tribunals in November 2001. And thus they foretell even more counterproduction for the looming second decade of our war on terror. With September 11, 2011 now only six months away, here is the sorry state of what we are expected to accept as smart, viable, and -- most of all -- effective terror law policy. 1. The most traditional (and successful) way of prosecuting terror suspects, both before and after 9/11, is to try them in federal civilian courts. But for the men of Gitmo, this avenue now appears precluded by Congress. On this

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