On the 10th of March, Khalid Sheikh Mohammed was heard by a military tribunal to determine whether he was, in fact, to be considered an "enemy combatant." Former Federal Prosecutor John Flannery was interviewed by Fox News, where he stated that not only could the military not give a fair trial to Mohammed, but, "they didn't!" He also seconded Rosie O'Donnel's support of Khalid Mohammed's claim of being "tortured," stating that it was "an open secret."
Flannery's personal objection is based on the fact that Mohammed was not provided with certain rights granted to defendants in civilian courts. I would point out first, that national security issues central to an ongoing war dictate the use of a military tribunal, which can keep classified evidence in confidence. Second, Mohammed has dedicated his life to destroying the system of government which would afford him such rights–and not being a citizen of the United States, there is no compelling reason to grant him the rights of one. Third, this was not a trial resulting in sentence; it was merely to determine whether he should be considered an enemy combatant.
Finally, I offer two quotes from the transcript of tribunal itself (Detainee here refers to Khalid Sheikh Mohammed):
From page 16:
"President: I do note that in one of the exhibits you indicate you are not under any pressure or duress today. Is that correct?
From page 22
"Detainee: So when we say we are enemy combatant, that right. We are."
Below is a link to the transcript of the tribunal.
Jason C. Diederich