You know what? I think he’s right.

House Minority Leader John Boehner said Wednesday the Obama administration doesn’t have the votes to change the law to move detainees to U.S. territory for trial or to spend $500 million to refurbish the Thompson prison in Illinois to host the detainees who would be held there while awaiting trial in New York City.

“There is not going to be a trial in New York, I guarantee it. There is no appetite for the trials in Congress,” Boehner, R-Ohio, said.

The leader added that any effort to do so will be used in the midterm election campaign.

“This is a big issue … and a big issue we will campaign on this year,” he added.

Remember, Scotty B campaigned hard against civilian trials for terrorists and did okay even in the bluest of blue states. Chastened by his experience, Jim Webb and Blanche Lincoln both signed the GOP’s letter to Holder demanding that KSM be transferred to a military tribunal; earlier today, Gillibrand and O pal Mike Bloomberg hopped on the bandwagon. The cost at last check of securing New York City during a KSM circus: $400 million a year and counting. Pull the plug, champ.

Via the Standard, here’s Gibbs on Fox & Friends this morning answering a question about the KSM trial by … not answering it at all. Judge for yourself: Is he ducking it or did he just get sidetracked with a related subject? Exit question: Remind me again, what was the name of that charismatic young ex-senator who thought a “full military trial” for KSM would be a pretty sweet idea? I can’t place it. Skinny guy, big ears…