Lo And Be-Holder: KSM To Have A Military Trial? (UPDATED)

Hmmm (WaPo via HotAir).  Over-ridden?

"President Obama’s advisers are nearing a recommendation that Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, be prosecuted in a military tribunal, administration officials said, a step that would reverse Attorney General Eric H. Holder Jr.’s plan to try him in civilian court in New York City.

The president’s advisers feel increasingly hemmed in by bipartisan opposition to a federal trial in New York and demands, mainly from Republicans, that Mohammed and his accused co-conspirators remain under military jurisdiction, officials said. While Obama has favored trying some terrorism suspects in civilian courts as a symbol of U.S. commitment to the rule of law, critics have said military tribunals are the appropriate venue for those accused of attacking the United States.

If Obama accepts the likely recommendation of his advisers, the White House may be able to secure from Congress the funding and legal authority it needs to close the U.S. military prison at Guantanamo Bay, Cuba, and replace it with a facility within the United States. The administration has failed to meet a self-imposed one-year deadline to close Guantanamo.

The administration officials, who spoke on the condition of anonymity to discuss internal deliberations, said the president’s legal advisers are finalizing their review of the cases of Mohammed and four alleged co-conspirators."

Good news - albeit late - if true.

UPDATE: Andy McCarthy issues a warning:

"The Washington Post article that Dan posted about last night is a head fake. President Obama is not caving on military commissions. He has already caved on them: He failed (thankfully) to abolish them, Congress enacted legislation endorsing them again in 2009, and the administration has already directed a commission trial for the Cole bombers.

The real agenda here is to close Gitmo. That’s the ball to keep your eye on."

Good advice.