Legal News

KSM Likely to Leave New York: What Do You Think?

By Ashby Jones

Well, according to this Washington Post story, President Obama’s advisers are close to recommending for once and for all that Khalid Sheik Mohammed, the self-proclaimed mastermind of the 9/11 attacks, be prosecuted in a military tribunal. The move would reverse an initial decision to try KSM in federal court in Manhattan.

According to the Post, Obama’s advisers are feeling the heat from both Democrats and Republicans on the issue. Many Republicans are reportedly insisting that Mohammed and his accused co-conspirators remain under military jurisdiction. Click here for LB background on the situation.

Not everybody’s happy about the decision. Marine Col. Jeffrey Colwell, acting chief defense counsel at the Defense Department’s Office of Military Commissions, told the WaPo that it would be a “sad day for the rule of law” if Obama decides not to proceed with a federal trial.

New York City Mayor Michael Bloomberg will likely breathe a sign of relief. Bloomberg and other prominent NYC pols never warmed to the idea of hosting the trial, largely due to the cost and logistical hurdles the trial would establish.

LBers, what do you think about this news — and what does it say about Obama and Holder? We’ve come up with three possible ways to look at it:

1) Obama and Holder were right the first time and wrong now. KSM should be tried in New York. The change will prove to be a black mark on the Obama administration’s record.

2) Obama and Holder were wrong initially but got it right now — KSM should be tried in a military tribunal. Still, the whole process has been embarrassing; the flip-flopping will prove to be a black mark on the Obama administration’s record.

3) Obama and Holder got wrong initially but got it right now — KSM should be tried in a military tribunal. And while it would have been best had they made that their first option, good for them for recognizing their initial mistake and changing course.

Thoughts?

Full post as published by Law Blog - WSJ.com on March 05, 2010 (boomark / email).