In May 2009, McCarthy provided details of a letter declining an invitation from Attorney General Eric Holder for a round-table meeting with President Barack Obama concerning the status of people detained in the War on Terror. McCarthy noted his dissension with the administration in their policies regarding the detainees. On December 5, 2009 he came out publicly against prosecuting Islamic terrorists in civil courts rather than military tribunals, saying "A war is a war. A war is not a crime, and you don't bring your enemies to a courthouse."