In recent days, senior administration officials have hinted publicly that commissions were far from dead, yet offered no specifics and their comments drew little attention. In Congressional testimony on Thursday, Defense Secretary Robert M. Gates
said, “The commissions are still very much on the table.”
In a news conference this week, Attorney General Eric H. Holder Jr.
emphasized that if the administration did use military commissions, the rules must give detainees “a maximum amount of due process.”
But, speaking of detainees whom American officials have accused of involvement in major terrorist plots, Mr. Holder added, “It may be difficult for some of those high-value detainees to be tried in a normal federal court.”