One would think that Khalid Sheik Mohammed, the central planner of the September 11 terrorist attacks, would be put on trial like Zacarias Moussaoui was. Has there been any explanation of why no legal proceedings have commenced against him? He is still being held in an “undisclosed location”.
GD in 3…2…1…
Congress passed a resolution known as the Authorization for Use of Military Force (AUMF) on September 18 2001, which gave Bush the power(*) to issue a Presidential Military Order: “Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism”. The administration chose to call those who it detained under the Presidential Military Orders “enemy combatants”. Since then the administration has formalized its usage of enemy combatant by using the term specifically for detained alleged members and supporters of al Qaida or the Taliban. Enemy Combatants like those detained at Guantanamo Bay Naval Base in Cuba are tried before a special Military Commission – not civilian courts
** You can read the order and Bush’s justification – the White House says he always had the power to do this, Protective Congress folk will say they gave specific permission and civil Libetarians will say the Court has to decide IF the President and Congress can do this*
The Bottom-line to the OP is that KSM is being held as an enemy combatant and will be tried (should he ever be tried) by a U.S. Military tribunal . Not by the U.S. Court System.
Really the Question might be better asked “Why was Moussaoui tried in Civilian Criminal Court and not by a tribunal like the 300 some odd other Al Queda captures?
Partially it was because Moussaoui was in the US court system before the attacks – but there was still a great debate at times whether to try him in the Criminal Court system or to transfer him to the Tribunal system. Many people saw it as some kind of “test” of the U.S. Judicial system and whether or not we could “do” terrorist trials (as you know many folks are uncomfortable with the Tribunal System)