CBS legal analyst: Even if KSM is acquitted, he will be returned to military jail

[mcablue]

Here's something I don't understand from an analysis posted today in the Washington Post by the CBS legal analyst Andrew Cohen:

After eight years of reporting on terrorism law, I am not aware of any judge, anywhere, who is eager to pervert the law to give Mohammed a break. The idea that the federal courts are soft on terrorism is unfair to the hundreds of jurists who have repeatedly endorsed government policy on terrorism, both before and after the 2001 attacks. Capital murder suspects get off on "technicalities" (read: constitutional rights) far less often than you see in prime time. And even if Mohammed is somehow acquitted, which isn't going to happen, the feds will then immediately pick him up and put him back in the military brig.

Would this even be constitutional?
http://www.washingtonpost.com/wp-dyn/content/article/2009/11/13/AR2009111303586.html?hpid%3Dopinionsbox1&sub=AR

[Chan790]

1. My guess would be...

that like most high-profile and major murder suspects, they held back some charges they could have tried him on because there comes a point where the difference in terms of sentencing post-conviction would be meaningless years or redundant executions.

It gives an opening for a second bite at an "unrelated" apple. i.e. You don't charge him with providing falsified governmental documents, fraud, and forging governmental documents (passports) because it's just 20 years and it would have been the difference between 2x his life expectancy and 2.2x his life expectancy.

[donheld]

2. No, he's moving in with Sarah Palin

[frebrd]

4. They would immediately come up.....

with a different charge against him.

Edited to add:
Sorry, meant to respond to the OP.

[bluestateguy]

3. There is no way he will ever be released

If it were to come to that then there will be a Friday Night News Dump some day down the road where we learned that KSM died of a "heart attack" or "natural causes".

The Obama Administration has no need for their Willie Horton in 2012.

[MisterP]

5. and even if KSM were ever released, Ramón Mercader would hunt him down in Mexico City & pickaxe him

yes, I went there