http://www.washingtonpost.com/wp-dyn/content/article/2010/03/13/AR2010031302252.html?hpid=topnewsUsing a military commission to try Khalid Sheikh Mohammed and his conspirators for their alleged role in the Sept. 11 attacks could open the case to significant legal uncertainty and expose fresh details of detainee abuse in a proceeding that might not get underway for two years or longer, national security experts and plan critics say.
The heated political battle over where Mohammed will face U.S.-style justice continues to simmer as President Obama's legal advisers consider their options. But in the face of resistance from authorities in New York, Virginia and Pennsylvania for a civilian trial, a military case looms as the most likely prospect, White House advisers have said.
Lost in the rhetorical firefight have been the drawbacks of such an approach in a military system that resolved only three cases during the Bush years, one with a guilty plea.
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This week, in advance of Holder's next oversight appearance on Capitol Hill, human rights groups led by the Constitution Project are bringing more than a dozen former judges, prosecutors and diplomats to Washington to advocate for terrorism trials in the regular court system.