Is it possible for Khalid Shaikh Mohammed (KSM), his co-defendants and the victims of their alleged crimes to receive justice? Can their torture and harsh conditions of confinement be ignored at the defendants’ trial? The Obama administration answers both questions affirmatively.

Despite the headline, I’m not really arguing that we should free Khalid Shaikh Mohammed (KSM), the self proclaimed mastermind of the September 11, 2001 attacks. Once again, however, the debate rekindled by Attorney General Holder’s decision to bow to political pressure and try KSM by military commission at Guantanamo leaves me tearing out what’s left of my hair.