Breaking: Khalid Sheikh Mohammed to Be Tried by Military Commission at Guantánamo
It has taken two years for the Obama administration to snap out of its never-never land approach to national security. But by announcing a reversal on their plans for civilian trials of terrorists including Khalid Sheikh Mohammed, they are implicitly confessing that their campaign attacks on the Bush administration were wrong and that decisions like opening Gitmo and military commission trials are the best balance of security needs and protections for liberty. Military courts will provide a fair trial and allow the United States to protect intelligence secrets, which are the most important weapon in this war. I still believe, however, that the administration has yet to prove that it can run terror trials successfully, and until thy do, the best choice is still to capture more al Qaeda leaders rather than kill them, and to detain them while exploiting the information that they have.
Update: Richard Epstein and I will be discussing this reversal on the upcoming episode of the "Law Talk" podcast (available only to members) this Wednesday, April 6.
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