Ever since top al-Qaeda figure Khalid Sheikh Mohammed, often described
as the "mastermind" of the Sept. 11 attacks, was arrested in 2003, the
U.S. has struggled to determine his fate. After he spent years at the
prison at Guantanamo Bay, the Obama administration came into office
pledging that KSM would be sent to civilian court. But the decision to
try him in New York City, announced a full year ago, drew widespread and immediate controversy,
scuttling the plans. The Obama administration has also appeared
hesitant to pursue military tribunals, which are legally dubious,
largely untested, and have proven much more difficult forums to secure
convictions. Now it appears unclear if the terrorist leader will ever
face trial. Here's what we know and what observers say it means.
- Obama Preparing to Drop Trial Plans Forever The Washington Post's Peter Finn and Anne Kornblut
report that KSM "will probably remain in military detention without
trial for the foreseeable future, according to Obama administration
officials. The administration has concluded that it cannot put Mohammed
on trial in federal court because of the opposition of lawmakers in
Congress and in New York. There is also little internal support for
resurrecting a military prosecution at Guantanamo Bay, Cuba."
- Suggests Gitmo Will Likely Stay Open The Hill's Michael O'Brien explains,
"President Obama ordered the closure of the Guantanamo Bay prison in
Cuba for suspected terrorists shortly after taking office. But the
administration hasn't been able to identify any alternative detention
centers, and the U.S. hasn't been able to follow through on Obama's
order. With Republicans retaking control of the House, the political
pressure against moving the suspects is only likely to grow more
intense, making a determination of Mohammed and other suspects' fate
more difficult."
- Obama Admin Refusing to Lead Liberal national security blogger Spencer Ackerman writes,
"There’s basically a no-decision here: administration officials feel
buffeted between conservative opposition to a civilian trial and liberal
opposition to military commissions. Aww, poor them! So the alternative
choice is to stall. ... And that’s the maddening thing. The Obama team
talks about a 'different political environment' as if it has nothing to
do with creating one. ... Well, then make a case, and make it
consistently. Build support and maintain it. Be willing to stake
political capital on it. Or concede that you never meant what you said
about justice."
- Why This Is So Galling Liberal national security blogger Marcy Wheeler fumes,
"Obviously, it's a further spineless capitulation on Obama’s part. It’s
a concession, too, that all you have to do to eliminate the rule of law
in this country is squawk in Congress and on Fox News. It also serves
as a guarantee that the 2001 [Congressional Authorization for Use of
Military Force] declaring war against the now-50 al Qaeda members who
had something to do with 9/11 will last forever–or at least for the rest
of Khalid Sheikh Mohammed’s life."
-
Vindication for Bush Conservative bloggers are unsurprisingly happy about this decision. Power Line's John Hinderaker beams, "George W. Bush must be enjoying his book tour. It seems as though every
day brings another headline vindicating one aspect or another of his
presidency; or, at least, indicating how intractable were the issues
with which his administration grappled. ... Personally, I'd be fine with just shooting KSM, but the Obama
administration prefers to echo the Bush administration's position on
detention of terrorists."
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