If the trial of '20th hijacker' Zacarias Moussaoui taught us anything, KSM should not be tried in civilian court.

Victoria Toensing "Moussaoui also used [the Brady rule] to request reams of classified documents via the Classified Information Procedure Act (CIPA). The process usually entails the government rewriting classified documents as classified summaries and giving them to a security “cleared” defense counsel. Moussaoui, the terrorist, insisted on his constitutional right to defend himself so he could personally review the classified summaries. When allowed to write his own motions, Moussaoui filed threats against public officials. When he was in court, Moussaoui ranted that he prayed for the “destruction of the Jewish people.” "