The attorney general should reject the suggestion that Mohammed be tried by a military commission at Guantanamo Bay or anywhere else. His crimes were civil, not military. Mohammed owed no allegiance to any flag, nor did he wear the uniform of any country. He answered to no code of military honor or of the law of war. His targets and victims were innocent civilians who had never sought to harm him. His weapons were four stolen commercial civilian aircraft. He was not captured on a battlefield; he was hunted down like any common felon, hiding in disguise among civilians in a city far removed from military activity…

My experience with D.C. juries was generally favorable. Jurors were attentive, carefully followed my instructions on the law and returned verdicts in numerous cases consistent with voluminous and complicated evidence. A highly competent panel of prosecutors has reportedly told the attorney general that it is convinced it has sufficient admissible, credible and untainted evidence to convict KSM of the criminal conspiracy behind the Sept. 11, 2001, attacks and most of its substantive criminal acts. There is virtually no possibility of an acquittal or even a hung jury.