Beyond the technical legal issues, this debate is about the fundamental question of whom we are at war with. (...) The two problems most plaguing Obama in the war on terrorism are trials for terrorists and taking the fight beyond Afghanistan to places like Pakistan and Yemen. This issue of whom we are at war with defines both of them.
The issue is that as the Bush administration, the Obama team has realized that it will crippled by a terrorist attack. It has therefore chosen to take all the power that it can get to fight terrorism or rather to keep the ones that Bush got even it means renouncing to some important principles. Obama knows that given all the hysteria (ideological for the most) around his americanness/postamericanness, his race, and his toughness, one attack is enough to kill his presidency.