Failing grade

Patrick Doherty writes on Law360 that the 9/11 military commission trial is a failure. In his view, the proceedings have largely evaded public scrutiny.

Yet upon closer inspection, the prosecution of Khalid Sheikh Mohammed and his accused 9/11 co-conspirators does not even appear designed to secure sustainable convictions and bring these alleged terrorists to justice. 

Instead, the Guantanamo military commissions seem a contrived attempt to avoid federal criminal court and thereby insulate the CIA from the legal implications of its torture program. The resulting tribunal, however, is likely fatally plagued by its constitutional and logistical shortcomings.

During my recent observations at pretrial proceedings in Guantanamo, the flaws appeared endless.

He concludes: "It is time that we as a country accept the Guantanamo military commission experiment has been an abject failure and that Congress permit the 9/11 defendants to be tried in civilian criminal court. Americans deserve better. And the rule of law demands it."

Mr. Doherty is an associate at Ropes & Gray LLP.