You know things aren’t going well for Democrats when Blue States like New York, Illinois, and Connecticut become real pick-up opportunities for Republicans in 2010 Senate races. In New York, Sen. Kirsten Gillibrand may be in trouble, either from a Democratic primary challenger or a Republican opponent. The chairman of the state’s Conservative party remarks: “Clearly she is unknown, that’s No. 1. No. 2, she has flipped on every given issue so I think she’s weakened herself upstate where initially that was her strength.” But there is something else as well — that “trial of the century.”

After all, she hasn’t opposed the administration’s gambit to try terrorists in the U.S. She and her fellow Democrats had the chance to block funds for terrorist trials and again to cut off funds for refurbishing Supermax prisons to house them here. But instead, the Democratic Senate enabled the Obama administration’s decision, one that is overwhelmingly unpopular. In the general election, Gillibrand may face Rudy Giuliani, who would make this a top issue. But what about New Yorker Debra Burlingame? No sign that she is yet interested in running. But she and her grassroots organization may make Gillibrand’s campaign dicey. Why is it that Gillibrand didn’t do what she could to block KSM’s trial? Well, she’ll need to answer that — if she makes it to the general election.