Adam Serwer on the John Allen Muhammed Model

Adam Serwer has a very interesting response to my post a few days back about charging KSM and friends in both Article III courts and military commissions. He says he wouldn’t oppose the idea, but he doesn’t “think the right is likely to take it” as it would “deflate the myth at the heart of the pro-commissions argument, which is that civilian courts are literally incapable of trying these cases. This compromise has some elements that are hard for the left to swallow, but in principle, they’d get what they want. The right really gets nothing, essentially conceding the argument.”