The administration may be laying the groundwork for some major backpedaling:
The Obama administration prefers a civilian trial for the alleged 9/11 mastermind, but says that in the face of public and political opposition it must be open to a military tribunal.
In an interview published Monday in The New York Times, Attorney General Eric Holder said, "I have to be more forceful in advocating for why I believe these are trials that should be held on the civilian side."
However, Holder did not rule out a military trial for Khalid Sheikh Mohammed, saying, "You have to be flexible." [AP]
As we have pointed out previously, Holder should have recused himself from this entire transaction given that his former law firm represented various detainees.
And administration officials have repeatedly claimed that KSM will be found guilty. Doesn't that taint the jury pool?