Both Democrats and Republicans worried this would put New York City in the crosshairs for new al Qaeda attacks. Congress eventually passed a law forbidding the administration from trying alleged September 11 conspirators, or any other militants detained at the U.S. military facility at Guantanamo, Cuba, in U.S. civilian courts.

But when it comes to the cases of five alleged top militants whose extradition from Britain to the United States a European human rights court approved on Tuesday, the White House will have no choice.