Obama to detain KSM indefinitely without trial at all?
posted at 12:00 pm on November 14, 2010 by Ed Morrissey
The White House has apparently leaked to the Washington Post in another Friday night news dump that they no longer intend to try Khalid Sheikh Mohammed, the lead 9/11 plotter and the man who murdered journalist Daniel Pearl, in federal court. However, they also donÂ’t intend to try KSM in a military commission, either, despite using that venue for others detained at Guantanamo Bay. Instead, it looks like the Obama administration has responded to an avalanche of opposition from New York Democrats and the Right with the political equivalent of taking their ball and going home:
Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, 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. The latter option would alienate liberal supporters.
The administration asserts that it can hold Mohammed and other al-Qaeda operatives under the laws of war, a principle that has been upheld by the courts when Guantanamo Bay detainees have challenged their detention.
Earlier this week, Attorney General Eric Holder said that a decision would be coming soon on KSMÂ’s trial, which administration officials later downplayed as a habitual response to the mediaÂ’s questions and not any kind of signal of an imminent announcement. Nevertheless, Democratic Senator Chuck Schumer and newly-elected Democratic Governor Andrew Cuomo both insisted this week that New York should not be used as a venue for a federal trial. Schumer had objected before to the trial, but Cuomo had not taken a public position on the issue until now....