
Charles Krauthhammer thinks this is a very bad idea too:
What happens if KSM (and his co-defendants) “do not get convicted,” asked Senate Judiciary Committee member Herb Kohl. “Failure is not an option,” replied Holder. Not an option? Doesn’t the presumption of innocence, er, presume that prosecutorial failure — acquittal, hung jury — is an option? By undermining that presumption, Holder is undermining the fairness of the trial, the demonstration of which is the alleged rationale for putting on this show in the first place.

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So now that the defense has ample material to work with to get KSM acquitted, we will end up either releasing the mastermind behind the deaths of thousands, or we will set a precedent for detaining folks who have been acquitted in a criminal court.
Maybe the latter is what the administration is hoping for - much easier to set up your gulags that way...
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