The Reporter Online
February 4, 2013
If, in 2009, Khalid Sheikh Mohammed and four other detainees accused in the 9/11 attacks had been tried in civilian criminal courts, especially the New York federal courts with their great experience in prosecuting terrorism cases, the sheikh and his co-defendants by now would have their verdicts, be deep into the appeals process and close to facing whatever fate the judiciary had in store for them.
The prison at Guantanamo Bay, Cuba, a continuing embarrassment and rebuke to our preaching about due process and the rule of law, would likely be closed, as President Barack Obama pledged to do early in his first term, and no longer a rallying cry for jihadi zealots.
Instead, the five defendants are still at the U.S. naval base and still awaiting trial by an untested military tribunal cobbled together for the occasion and still no nearer a resolution of the cases against them than they were almost four years ago.