From my interview with former federal prosecutor and Bush-administration official Bill Burck elsewhere on NRO today (“Tom Brady & KSM“):
LOPEZ: How can the White House fix this?
BURCK: Admit their error and call the whole thing off. Use the military-commission process if they want to try KSM — that’s what it’s there for. History, legislation, and common sense all support it. And also, stop hiding behind the attorney general. Everyone is sticking to the script that it was the attorney general’s decision, but as a White House veteran, albeit in a different administration, I know that a decision of this magnitude could not have been made without the explicit or tacit support of the White House and the president. The president should step in and say that he is overruling the attorney general (or, really, reversing his own decision). That is not going to happen, of course.
There’s more here.