would-be shoe bomber Richard Reid -- who was attempting to use the exact same kind of explosive on an American flight -- the Bush administration in 2001 did exactly the same thing: it filed criminal charges and eventually tried Reid in federal court.

What's worth noting is that Reid, too, was potentially an intelligence bonanza, since he had numerous operational ties with Khalid Sheikh Muhammad.

Then there was Zacarias Moussaoui, a French citizen who was eventually convicted of plotting with Al Qaeda to participate in the 9/11 attacks. He, too, was treated as a federal criminal by the Bush administration.

Finally, it should be noted that declaring suspects "enemy combatants" -- especially when they are captured away from the field of battle -- is actually a legal minefield fraught with far greater uncertainty than the use of federal criminal statutes. The classic example of this was the case of Jose Padilla, who was declared an "enemy combatant" by the Bush administration and whose case wound up taking years to be settled by the Supreme Court -- which eventually insisted that he be tried in federal court. Padilla's case was somewhat different, since he is a U.S. citizen, but one can rest assured that the issue of habeas corpus central to his case would be resurrected should Obama have followed Rove's advice.

But then, anyone who follows Karl Rove's advice deserves everything that inevitably will happen to them.