The decision to try KSM in a military tribunal is as sad as keeping Gitmo open. He has, of course, been hemmed in by an irrational, panicked Congress. Maybe a civil trial would be impossible because of the torture inflicted on KSM by the last administration. But I cannot help but be amused by some Republicans’ argument for military rather than civil prosecution. Here’s House Judiciary Committe chairman, Lamar Smith:
“It’s unfortunate that it took the Obama administration more than two years to figure out what the majority of Americans already know: that 9-11 conspirator Khalid Sheikh Mohammed is not a common criminal, he’s a war criminal.
But doesn’t that distinction also apply to Bush and Cheney, who committed war crimes by sanctioning torture? On what basis does the Justice Department enforce the law against war crimes solely when they are committed by others, but refuses to prosecute America’s own? None of this helps us win the war, of course. Here’s General Petraeus on Gitmo:
Closing the military prison at Guantanamo Bay would purge the U.S. of a symbol used by enemies to divide the nation, the head of the U.S. Central Command said Friday. Army Gen. David Petraeus said the U.S. military is “beat around the head and shoulders” with images of detainees held in Guantanamo.
The GOP and the scaredy cat Dems who are demagoguing this issue clearly disagree with Petraeus. But I’d say Petraeus has a better grip on the terrible impact of the Gitmo torture and detention camp in the war than most Senators and Congressmen.
The Dish 