re: #297 sandbox

So do you think someone like KSM should be tried in the legally constituted military commission? You think he might be a good candidate.? Is he enough of a radical islamist?

See, I think you are barking up the wrong tree on this. It doesn’t matter what I think. I think this should be decided by the US courts according to the law and the accepted definition of enemy combatant. But since you asked, based on my 3 years of law school, completed 15 years ago, I would say the following: KSM, was captured in a remote area of Pakistan correct? In a joint operation between Pakistani and US forces. There is little if anything to connect him to typical criminal jurisdiction in the US. Therefore, I would not be surprised to see him tried in a military tribunal, and would not object to it. On the other hand, if there is sufficient public policy reasons for affording him the protections of a criminal proceeding, the AG should feel free to do so. I don’t feel as other do, that a civillian trial “endangers America” or “emboldens the enemy”. I believe that any truly national security secrets could be dealt with IN CAMERA and all interests could be served.