Advancing a Free Society

The John Allen Muhammad Model for KSM

Saturday, October 16, 2010

This is a trial balloon. I’m not 100 percent certain that what I am suggesting is wise, politically astute, or even that it would work legally. I have not thought through all of the implications of what I am going to suggest here. But maybe, just maybe, it is the answer–or an answer–to the problem of how to try KSM and the 9/11 conspirators.

There have been a great many creative proposals for a KSM trial, and I won’t try to rehash them all. But in the realm of the politically plausible, there are only two options: a military commission and a trial in an Article III court.

I think the government should pursue KSM and his colleagues in both.

Call it the John Allen Muhammad model. The old D.C. area sniper case is strangely instructive here.

Continue reading Benjamin Wittes at Lawfare