It can be argued that trying KSM in civilian court is a blunder.
Presidents do blunder. Legally, the problem lies with the fact
that there's no nation to associate KSM with. No national leader
to take the responsibility of the attack.
The organization to blame is al Qaeda, and that org is more akin
to a mafia than a nation state. Free nations find themselves
fighting the radical elements of a major religion and don't know
how to deal with it. National leaders and political leaders don't
want to come to terms with the ultimate goals of al Qaeda, or
the Wahhabis of Saudi Arabia, or Iran and it's proxy terrorist orgs
like Hezbollah. The MSM seems not to have a clue.
It's a fluid and complex situation, with 3 major orgs competing
against one another, as Hitchens describes it, a civil war in Islam.
In the free world, on the left, they do not want to recognize that
there is such a struggle going on, and insist that the violence is
a reaction to the imperialism of the West.
Obama is a leftist President, and he finds himself having to approach
these problems in denial of what is really going on.