February 16, 2010 4:12 pm ET — Matt Finkelstein

Rep. Louie Gohmert (R-TX) is one of the harshest critics of the Obama administration's terrorism policies. Last November, after the Justice Department announced its intention of prosecuting Khalid Sheikh Mohammed in federal court, Gohmert accused Democrats of "trying to create a new jobs bill by allowing terrorism back in New York." He has also introduced legislation that would require foreign terror suspects to "only be tried by military commissions."

In a U.S. News op-ed today, Gohmert haphazardly makes the case against trying terrorists in criminal court -- a longstanding policy followed without objection under previous administrations. Ignoring recent precedent, Gohmert looks to history for support:

Recall that historically, when a group declared war on us, captured members were held without trial until their comrades agreed they were no longer at war. Then they were either released or tried for war crimes.

Indeed, many Republicans (and some Democrats) argue that terrorists must not be treated as criminals because they are at war with the United States. But therein lies the problem. The war on terror is nothing like World War II, for instance, or any other confrontation in American history. We are not quarrelling with another nation's government, and it's difficult to imagine the conflict ending -- ever.

Yet, in an increasingly transparent effort to score political points, Obama's critics have consistently refused to distinguish between traditional warfare and our clash with Islamic extremism. By insisting on a black-and-white argument, as conservatives so often do, Republican lawmakers are actually trivializing the complicated, enduring threat we face. The war on terror may be a war of sorts, but it's also something much more dangerous, and it's time for Republicans to stop taking political potshots and get serious about fighting it.