The Journal Editorial Report: 11/14

" This week on The Journal Editorial Report. The war on terror comes home again. Lessons from the Fort Hood massacre and the Obama administration -- the mastermind of nine elevenths to stand trial in. Believe it or not -- New York criminal court. And health care reform and the abortion uproar is -- Stupak amendment. Really a pro life victory and how big a role will the -- fight in the Senate debate to come plus. Bailouts for newspapers -- your favorite daily may soon be getting a helping hand from Montgomery. Welcome to The Journal Editorial Report on -- ago."

" Military prosecutors announced late this week that they -- charge Fort -- shooting suspect major Nadal Malik Hassan with thirteen counts of premeditated murder. The charges come as investigators try to piece together the circumstances. Surrounding the massacre at the Texas military base. And whether key warning signs were ignored. Including email exchanges between -- on and a radical cleric in Yemen. Who knew three of the September 11 hijackers and who has advocated Jihad against the United States and in a stunning change in the legal war on chair. The Obama administration announced that we'll try the mastermind of nine elevenths how -- Sheikh Mohammed and four other enemy combatants at Guantanamo. In a criminal court in New York City. What's behind this decision and is it possible that they could be acquitted. Joining the panel this week Wall Street Journal columnist and deputy editor Dan and anger. Editorial board member Dorothy Rabinowitz and columnist bill Welker so -- Was Hassan a terrorist really a terrorist hiding in plain sight and why -- people -- well."

" question first yes he was apparently everything in his life that that. Pointed to this he. With said the outrageous things at long lectures and the response was we have to let him do his thing this is this edition at Walter Reid have Walter Reed hospital and then people sent -- to -- things school they thought they sent to university -- place. He would be responsive to all of this he carried -- That said. -- of Islam we now discover. He seat with hatred okay excellent so people are seeing all of this why didn't anybody blow -- Look what's really happened is. Americans are not going to -- that it happened -- Prevented -- from interfering there was only -- to use it to drop political correctness. And cowardice on whose part on -- side of the military as well as old disappear is you could not say. As a woman in charge it wouldn't give her name to a reporter said you know we cannot simply below people who are different to being picked them. Well that different as a political correctness and yes -- ideology I guess those are the words but the real and -- feeling is Howard is why because -- jobs eight. Because you could be written up for insensitivity. Under the general of the army who could who could sit there and said the questioning -- case. It is -- this this is something this is on policy. And it's one of -- incentives happened dairy unlike September elevenths aftermath -- didn't really know. Everyone's perilous what you really had here is -- shock laser focus. On cowardice and omission of the necessary step --"

" Quite an -- idea let me try to shall we say extend northeast remarks beyond cowardice I would say it is more confusion. You know we're gonna talk about KSM here and -- and clearly the country's about to embark on a huge light over whether it's appropriate to try him in New York or not. Look the people we have had the same fight over the war on terror since the day it started and we pass the Patriot Act of seven years ago. You were called it. Prisons electronic surveillance the Foreign Intelligence Surveillance Act. That was fought in the courts over what did scope of it should be if you are an army or CIA or FBI analyst and your job is to monitor. How -- calls to a mom in Yemen at what point do you make the judgment that he's over the line if you're watching a political class that can't make up its own line."

" Copies do you buy that -- that people would have jeopardized their careers had they spoken up and said this guy really scares me he's a threat. I thinks I mean I blame Jack Bauer for a lot of the stuff because I think people have this view of law enforcement officials and it certainly aren't there yet and that's not a lot of people think our guys are gonna go around do whatever it takes. And they forget that they're government workers and they respond to incentives and one thing about an army. It's a big bureaucracy in a lot of people behave. As people working in -- big bureaucracy they -- the incentives for for getting ahead. And in the absence now we all connect the dots and so forth and -- should do in the absence of that you bring it up it's gonna be he's picked on. And so forth and people are for -- we have the same thing all the time we say. Who connected the dots and then we make it difficult for people to connect -- move onto KS and here bill. Publishing Mohammed coming to a New York criminal court stunning news. What's behind this what do you think the administration's thinking well -- they've sort of said this along I think look how many years you've been writing editorials on this. And could end and people are everybody here offensively and TrueCrypt and now they see. The president Obama's speeches hope and change and living up to our ideals. And they see what it means in reality and that's -- it's stunning news it's not surprising to us we knew it was coming. But it's stunning because people CT this really has consequences when you taken -- law enforcement approach this is what you're gonna get I think they're gonna they're gonna."

" I criterion that former attorney general Michael Casey wrote on our page that this is a mistake I think -- probably still do that that that this was coming and one of the reasons is it's very hard to apply the rules of evidence. Of a criminal trial to what you can gather the end the battlefield that we don't have Kandahar CSI. You know dusting off the that -- for fingerprints. In it."

" In a -- absolutely and even the -- to their patents and then you have -- in the end of all of the civil rights complaints about torture and the release of torture documents that initiate. Everything. How at that. This is the unspoken thing at this event which -- the -- and should under estimate. This is then says his felt a huge event that we have just lived through the pain of this -- hot sun is is in everyone's heart and it is going to fill in all of the spaces. I think we're in for a bit of a surprise at the push back. Of any -- in -- exculpate. Kiss them in any."

" Well he -- mean could he. With the north makes -- means of course ever noticed that his attorneys are going to -- evidence against -- cannot be admitted because it was the product of torture. Could he possibly pitch -- a -- so I I think he could which the president of the United States has described as torture that's what stronger witness could one ask for. -- And I you know KS have never -- the mastermind of 9/11 yes he was not in the United States when he masterminded this plot it was a conspiracy conspiracies are very difficult to prove. I think were in for a off on nightmare for me this guy that a criminal and."

" Do you remember what happened when the -- they released. Against all at all the wishes of the army and every one else concerned. All of that testimony about to a -- that they feel sure president went marching in to the CIA to reassure them. All of this is coming together in encrypted which is -- which."

" I think even strip shall pay for. All right -- last word when we come back Nancy Pelosi gets her health care bill with the help -- some abortion foes in congress but will the Stupak amendment. Proved to be a lasting victory for the pro life movement."

" On a last minute compromise to strip federal funds from insurance plans that cover abortions may well -- saved Nancy Pelosi health care reform bill which passed the house and on late night vote last Saturday. The deal negotiated by Michigan Democrat Bart Stupak and supported by the National Right to Life Committee. Gave some forty Democrats cover to support the larger bill but will it proved to be. A lasting victory. For the pro life movement the anti abortion amendment faces its first. Test next week in the Senate where majority leader Harry Reid plans to unveil his Chamber's version of the health -- bill so bill -- wrote this week that. You thought this was a victory excuse me -- defeat for Nancy Pelosi. And the abortion rights movement one --"

" Well one Nancy Pelosi clearly didn't want this amendment she gave it up only at the end when she -- the votes. I think the criticism of it only makes sense if you believe that the Republicans couldn't stop the final vote. And I believe that the Republicans voted present to some people -- defeated the amendment apart from the issues of cynicism about the Republican Party. That would free up all the Stupak members to go south and missed it will throw but at just at that. Political procedural level don't you think this made her job easier because it gave some of those Democrats that covered -- Go back to their constituents are sexy I got this I got days it might have but why did she not given until the eleventh hour what -- want to like -- didn't want to didn't have. And now she has a civil war if you look at politico. The hill all the all the papers in Washington it's all about. Abortion causing turmoil for Harry Reid now I don't think we know whether -- stay in. But I'd rather have them having a civil war on the issues -- our side having some one issue."

" Well you know -- There's another aspect of this that it was brokered by -- Conference of Catholic bishops Stupak had to -- his office he said speaker Pelosi got these people you've got to talk to him. People think the bishops are single issue group abortion they're -- they have been born -- Things but in this case they did seem to be something like that they have explicitly been. In favor of universal health care for yours they -- they are. They support what Pelosi is trying to cheat on that broader health care bill and this was frosting on the cake for them -- Literally explicitly enabled her to get it."

" When you talk about the right to life issue obviously deals concerned about about pre natal life okay but what about the end of life because of this deal leads to -- I suspect it -- why I don't suspect I believe it would. Rationing by development who I think -- there at at the end of life and particularly that means the aged and it means people were grievously set. Terminal cancer patient will they be able to get the new experimental drug for example that's terribly -- The government doesn't want to finance it and by the way it's only gonna extend your life nine months or a year or so -- man you don't get it. That's also a right to life I agree that I I don't know problem that."

" Some of the other people -- democratic side don't agree with that. I think what's happened is you have -- block now. That's been very difficult -- Pelosi and if you -- Rahm Emanuel had a meeting yesterday plan and these people are screaming at him I again would rather have them screaming at each other I think. This amendment has made it more difficult. To get a final solution on on its own but on other things. As far as dance for the bishops the -- view I think is this is what makes the bill minimally acceptable they're very split. On I think more than her for comprehensive coverage coverage for illegals and so forth. But this was the minimum they were holding -- not --"

" They have -- I think that there is no way in the world that the -- leave the pro abortion rights left is gonna let this issue. Interfere in a way that kills the health care bill so I think in the end okay. Notwithstanding all the tooling and throwing out what to help their fund raise but if they can if they're -- amendments they sent me. I'm sorry. If the pro abortion must caves in the amendments that -- If any -- but the larger bill passes which creates bigger much bigger problems in my view for for the right to life movement."

" And creates huge cynicism and infested of that particular exchange. -- Presents two of the largest in the country the feeling that something underhanded has gone on here something that maybe the trade. And it seemed to enter any resistance the entire bill with a sense of overall government manipulation something is rotten here in every case including in this exchange and --"

" And I would argue that's Rahm Emanuel the White House probably smiling at this debate because of everybody scream and -- about abortion are not focusing on the other real problems of this bill which is that it's gonna break the federal budget. And it's gonna lead to that rationing of medical care -- you don't get the sense from the stories that they're smiling. Nancy Pelosi didn't give this until the very end she didn't want to you and she realizes that causes a problem there. I think they've got a lot of complications on hand I also think people can disagree with the national its list of but they have a right to pursue their issues this is an amendment that Stupak and had pursued for a long time. That Republicans asked for a vote on back in September I mean almost all of them it's it's it's very hard for them to oppose."

" Okay bill last -- still ahead we've bailed -- car companies banks pretty much all of Wall Street so hard whose papers next. When we come back a closer look at the call for the government. To give our beleaguered industry helping him."

" The government has given them a car companies banks pretty much all of Wall Street so why not a bailout for. Newspapers with so many on the brink of bankruptcy that move may be closer than you think just last week the state of New Hampshire agreed to back a loan to one of its -- And several bills -- are ready. They've introduced in congress including a measure sponsored by -- Democrat Ben -- That would allow newspaper companies to restructure as nonprofits. With a variety of tax breaks back in September President Obama said he would quote. Be happy to look at that -- and others for more were joined by senior editorial page writer Tom. So college is this really an idea that is being taken seriously and political circles."

" Well I think it is being taken sort of seriously -- you have to remember Paul this is an incredibly faustian bargain for newspapers. There is a recent report done by former Washington Post executive editor Leonard Downey in Columbia journalism professor Michael -- That basically talks about all sorts of ideas for how the government. Can help the press and what you're talking about here in what they are suggesting is that the only way for the press to maintain its independence. Is it for -- basically surrender that independence. In the form of government subsidy."

" So what are the specific ideas they're talking about I gather one of them is to have these. Subsidies seed money if you will for local news reporting councils around the country because one of the -- right here. Is that local newspapers are being having their business models blown up -- your losing. That local coverage so we've sprinkled government. Money -- to local cities that congress would love."

" Yes punish -- and this is a disastrous idea because what -- basically be doing is creating a national network of state funded reporters. And that wouldn't be good for local reporting it it would also. You know probably not be good for the circulation of local papers because."

" Local readers would start to find that sort of coverage dubious but here's the idea Colin I mean these people say -- would be nothing more than the National Endowment for the Arts say you know settlements have subsidizes certain Argentine and that is a politicized and also it. What's the problem. There's -- cracked well that's nasty things -- that obviously I wouldn't say the national endowment for the arts is particularly shining a."

" Example here. But the other issue is you know more seriously the National Endowment for the Arts isn't directly tasked with being a watchdog for government. And that's simply a very different sort of relationship that newspapers have."

" All right -- subsidies for the press please."

" Absolutely not how -- Look here's the problem the Colombia or a review study is talking about taking newspapers to nonprofit status. In fact for at least the past forty years most journalist on these -- think they've been engaged in some sort of nonprofit enterprise. They seem newspapers as a public trust as a public good. And that that the money that support them sort of came from the truth -- out there I really can't think about this though because I'm doing all of these good things. -- thought you -- profit from seventy to 89 onward the newspaper business. Because of business in New York City used at seven or eight daily papers competing and fighting -- doubtful for news and for profits. This would simply take. Newspapers into an area that would make them less competitive less interest -- all the reasons why people have been wean them. For financial I would ask -- owner."

" I wanna read a different point of view from the Columbia -- review editorial. That government has always subsidize the pressed. Starting with legislation -- 1792 that established below cost mail rates for for newspapers over the years some subsidies have worked well others myself. But the idea that a purely commercial media alone can continue to deliver the journalism we need is becoming difficult to swallow. If we don't get beyond the rational but outdated fear of government help for accountability journalism if we just let the market sort it out. This vital public good will continue to decline towards the."

" Will it can -- the number of times the word accountability was used in that particular argument is accountability mean it means. They very important social issues and encouragement of a -- And the rest of it. The sad thing is that this point of view divides the great populist of the United States which is interested in reading that recipes apparently according to the journalism review and it just -- and crossword puzzles. Without those -- either of those -- know without this kind of funding we wouldn't have people reading those wonderful editorials and reports. -- this kind of snobbery behind all of this that the government to tell --"

" It's -- what about this idea that the press has always been subsidized in someway say some mail -- somehow by the by the government."

" Well it didn't those subsidies come in very different forms and I I think you have to look at. What's happening now you're actually seeing this week we saw for the first time. The state of New Hampshire guaranteed. Alone worth about 200000 dollars. 21 of its local newspapers so. You're now seeing a situation where you have a direct government handout to newspaper and I think that the kind of relationship. That creates between editors and reporters and the local politicians they cover. You know is is a lot code easier than you know and --"

" Because -- today that that the tax code subsidizes every business in America one where another and they're not wholly owned subsidiaries of the government which is what we're talking about here are again we have to take one more break when we come back our hits and misses of the."

" Time now for our hits and misses of though we can't first here. Paul this week a federal jury acquitted two Bear Stearns traders -- been accused by prosecutors of using sending emails expressing concerns over trading practices the prosecutor says this amounted to felony crimes because they didn't share with their customers. A jury of normal people -- whoa wait a minute whatever else was going on here this doesn't rise to the level of a crime. This is a very significant. Significant case it pushes back -- the prosecutors in polls these days to find new ways to criminalize normal business behavior. Very very big deal are -- of a hit for some muggers who gave up."

" Passed to an army reservists yes this this young man Kyle indoor -- in Milwaukee. Who ran into a bunch of mothers who by the way I should say probably should go to prison. But when they discovered in the head of on the ground in rage that he had no money they went through in the -- military -- that was the end -- that'll pay eight we can't touch this guy. And this is wonderful they shook his hand -- active reservist. And it all reminds one of the times that we have -- embraced this idea. That your country is more important than anything hard to -- mafia. Thank you --"

" Football I'm getting him is a Harvard University which this week invited disgraced former New York governor Eliot Spitzer. To give a lecture at the ethics department. And that this was such an egregious invitation that it actually prompted letter from the former madam who used to for cure escorts saying she looked at them. But she couldn't -- the terms of her probation if so it this with a pretty pretty horrible thing and obviously he should not be held up -- anyone's moral exemplar."

" I would strikes again all right and remember if you have your own hit or miss police and that I said JER at foxnews.com. That's it. For this week's edition of The Journal Editorial Report thanks to my panel. -- to all of you for watching I'm -- ago we hope to see you right here."