My biggest fear with bringing KSM to the U.S. to be tried was centered on three things: security during and after the trial (for the police, the judiciary, the prosecutors, the defense and the jury), the potential that state secrets might be exposed, and the potential that they might actually get acquitted due to evidence being excluded due to the methods used to acquire the evidence.
I hadn’t thought of this:
The greatest danger posed in the trial of Khalid Sheikh Mohammed (KSM) isn’t that he will go free. The greatest danger is that he will be convicted and that during his appeals the courts will ratify all of the extraordinary measures used to capture and convict him.
So to all those so-called civil libertarians, if you think the Bush Administration trampled on your rights before, just imagine what life might be like if these Islamists actually get convicted and the tactics used against them get validated not just overseas, but on U.S. soil as well!
I don’t want to overstate things, or understate them. But the President’s decision to try KSM in a criminal court could be one of the most consequential decisions a President has made since World War II.