Later this morning, Eric Holder will announce that five top terrorists, including Khalid Sheikh Mohammed, will be prosecuted and tried in federal court in New York City. This is, of course, the logical consequence of treating terrorist attacks as crimes rather than as asymmetrical warfare.
The potential for these trials to turn into fiascoes is large; perhaps President Obama and his Attorney General have forgotten the “political” trials of the 1960s and 70s. But they seem committed to returning to the pre-September 11 model of treating terrorism as a law enforcement matter, regardless of the consequences.
Ask yourself this question: suppose that Khalid Sheikh Mohammed’s trial results in an acquittal or a hung jury. Would the Obama administration really let him go? If so, they are crazy. If not, why are they holding the trial?
UPDATE: The New York Times happily falls in with the administration’s worldview, headlining: “Key 9/11 Suspect to Be Tried in New York.” Khalid Sheikh Mohammed is not a “suspect.” But that, of course, is what the whole war vs. law enforcement debate is all about.
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