Andy McCarthy writes (with much more here):

If we are at war, and the Attorney General said this morning that we are, we have to treat it like a war. Pressed by Sen. Graham this morning, the AG could not name a single time when, during war, we captured an enemy combatant outside the U.S. and brought him into the United States for a civilian trial — vesting him with all the rights of an American citizen. That’s because [it] hasn’t happened. That’s not how you treat wartime enemies.

We’ll have tons to say about this today, tonight, and tomorrow yet Senator Leahy inadvertently made our point why war criminals should not be tried in federal court. He laughingly said (paraphrasing him) that he suspects Khalid Sheikh Mohammed “would not want to be released free in New York City.” KSM wants martyrdom and a public execution. But he first wants to kill more infidels by waging lawfare; that’s his form of suicide.

KSM’s perfect storm is acquittal, released at noon, at the corner of West and Liberty Streets. It would take the same planned level of security, freed there or six blocks away in a cell, to keep him alive and the media would film it all, 24/7. Our “suicide pact” with him are federal trials, as they harm our ability to defend nation, life, and liberty.