So Khalid Sheikh Mohammed will be tried on criminal charges in a Federal court.
Here’s an experiment reminiscent of Jay Leno’s “jaywalking” videos: ask otherwise intelligent people precisely what criminal offenses he can reasonably be charged with.
The answers would be funny if they weren’t so sad.
Where to begin? He can’t be charged with anything that wasn’t illegal at the time of the crime. He can’t be charged with anything that requires he be under U.S. jurisdiction at the time of the crime. He can’t be charged with much that requires active participation in the capital crimes for which he is responsible. He probably can’t be charged with anything where the evidence is classified. He probably can’t be charged with anything that will involve evidence obtained from waterboarding.
