The KSM trial

My point of view will come as little surprise to those who follow this blog. Every argument I've seen not to try KSM and his co-conspirators in New York, in federal court, only plays out as an argument to have done so far sooner, before the torture, before the misguided efforts at creating a legal black hole. Make no mistake, we're not "giving" KSM the rights accorded citizens of the United States. On the contrary, we're reclaiming those rights for ourselves by affirming the limits on the government's power to make up the rules as they go along. Trust the NYPD. Trust the FBI. And don't worry about the defendants using the trial as a platform to spout anti-American rhetoric. It won't be anything the world hasn't heard before - sticks and stones, and all that.

Two notes. One, Obama and Holder should shut up about failure not being an option and don't worry, we can still keep the guy locked up even if he gets acquitted. It won't be a show trial unless the judge and the jury, not the prosecution, lets it be. Procedurally speaking, that's going to have to be enough. And two, there are myriad protections against the forced release of classified information during the trial. Given the rules of evidence, nothing the government doesn't want out gets out. Mukasey's warnings on the op-ed page of the Journal, about bin Laden finding out the US was on to him during the first WTC trial, don't hold up. See here for details. Trust the process.