Holder and President Obama have said waterboarding is torture.

Holder says (in effect) the case against KSM is a slam dunk.

But evidence obtained under torture is not admissable in our courts.

So Holder either feels he can convict KSM using inadmissable evidence, or there is a good chance much of the evidence against KSM will not be allowed to be presented to the jury.

This is NOT a slam dunk if that happens. And Holder can say that his boss the POTUS was not consulted about trying KSM in Federal Court, but that HAS to be a lie. So if KSM walks, the POTUS can fire Holder, but there is a really good chance that if KSM walks, we will fire the POTUS. Unless, of course the trial of KSM takes place after November 2012.