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Endless Punting on a Trial for Khalid Shaikh Mohammed

Josh Gerstein at Politico puts together something that’s been clear for months: As long as the Obama administration can delay announcing a final disposition for

Jul 31, 2020
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Josh Gerstein at Politico puts together somethingthat’s been clear for months: As long as the Obama administration can delay announcing a final disposition for the trial of Khalid Shaikh Mohammed and his fellow 9/11 conspirators — civilian courts or military commissions? held where? — that’s exactly what it’s going to do. All presidents like to maximize their options. But the Khalid Shaikh Mohammed trial is a matter of justice, and it looks like the administration simply isn’t willing to take the political heat of any decision for when, where and how to put the 9/11 conspirators up for trial.
Brookings’ Benjamin Wittes, no fan of a civilian trial for KSM, tells Gerstein that the Obama team’s punting is “disgraceful and they should be embarrassed by it.” For an administration attempting to place adherence to the rule of law at the centerpiece of a global order, it’s especially problematic.
But it probably has one political-legislative impact. One thing you haven’t read about over the past couple of months is an effort by Sen. Lindsey Graham (R-S.C.) to create a new legislative architecture for reviewable indefinite detention of terrorism suspects. Graham wants that more than he wants the KSM trial held in a military commission orthe closure of Guantanamo Bay, which he has held out as the chit for the administration if it tries KSM in a military venue. And Attorney General Eric Holder signaled his assent to Graham’s proposal in testimonyearlier this spring. But the inertia of the White House most likely drains the impetus for any such new system during the current legislative year.
Dexter Cooke

Dexter Cooke

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Dexter Cooke is an economist, marketing strategist, and orthopedic surgeon with over 20 years of experience crafting compelling narratives that resonate worldwide. He holds a Journalism degree from Columbia University, an Economics background from Yale University, and a medical degree with a postdoctoral fellowship in orthopedic medicine from the Medical University of South Carolina. Dexter’s insights into media, economics, and marketing shine through his prolific contributions to respected publications and advisory roles for influential organizations. As an orthopedic surgeon specializing in minimally invasive knee replacement surgery and laparoscopic procedures, Dexter prioritizes patient care above all. Outside his professional pursuits, Dexter enjoys collecting vintage watches, studying ancient civilizations, learning about astronomy, and participating in charity runs.
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