“Men, we’ve got to give this man a fair trial before we hang him.” — attributed to Judge Roy Bean.
Finding an impartial jury for Khalid Sheikh Mohammed (KSM) is the least of our worries in President Obama’s decision to try him in a civil court. Our greatest concern is that it will be a shambles of a show trail that ignores all established legal precedent. The ramifications of that could be worse than terrorism itself.
What Obama the law professor fails to grasp is that none of the prerequisites exist for a fair civil trial in the case of terrorist captured overseas by intelligence agents.
For example, just for starters, what objective proof do we have that the individual who will show up in the courtroom is actually the Khalid Sheikh Mohammed who planned 9/11? What do we do if he simply asserts he is not the person the government claims he is?