So the question becomes, “Why did Obama and Holder decide to bring the suspects to New York to stand trial?” It's no secret it was to put George Bush on trial as well.
Ninety Gitmo detainees have been designated for release/repatriation. Other Gitmo detainees are going to get processed through American civilian courts. Still others are going to get processed through military tribunals. Finally, there is a group that has been declared too dangerous to release or to process. The simple fact that KSM has been designated to a civilian court indicates to me that the case against him must be strong enough to proceed, without the reliance on evidence tainted by torture.
To date, military tribunals have adjudicated the cases of exactly 3 detainees. FTR, I have no idea of the strength of the case against KSM. However, I don’t think that there is much chance of him getting off.
Is this a shot across the bow of the Bush Administration? It could be, if it shows exactly how much we got from this guy before we tortured him. However, it also shows the very best of the American justice system. We are not afraid of this guy. We do this in public. The world will hear the evidence against him. And the world can judge. Would that that same justice could be extended to every detainee.