I've been reading about President Obama's decision to bring Khalid Sheikh Mohammed to New York to try him in a civilian court. It was a dangerous and unnecessary choice for the President to make.
First, a reminder of what KSM has done. Together with Osama bin Laden, he selected the 9/11 terrorists, arranged their financing and training, and ran the whole operation from abroad. After the U.S. invasion of Afghanistan he became bin Laden's operations chief until he was captured.
Here's the dangerous part of Obama's decision. Trying KSM in civilian court will be an intelligence bonanza for al Qaeda and the hostile nations that will view the U.S. intelligence methods and sources that such a trial will reveal. KSM and his attorneys will yell for the right to demand that the government produce in open court all of the information that it has on them, and how it got it.
Prosecutors will be forced to reveal U.S. intelligence on KSM, the methods and sources for acquiring its information, and his relationships to fellow al Qaeda operatives. The information will enable al Qaeda to drop plans and personnel whose cover is blown. It will enable it to detect our means of intelligence-gathering, and to push forward into areas we know nothing about.
Here's the unnecessary part. We already have a tool designed to solve this tension between civilian trials and the demands of intelligence and military operations. In 2001, President George W. Bush established military commissions, which have a long history that includes World War II, the Civil War and the Revolutionary War.
The Supreme Court has upheld the use of commissions for war crimes. The procedures for these commissions received the approval of Congress in 2006 and 2009.
So, get ready for years of uproar, lengthy tirades by the accused, lawyerly tricks, huge bills to protect the buildings in New York where the trial will be held, and other unpleasant things. Is our President taking this war seriously?
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