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The biggest risk is that the Obama administration will turn the trials into a war crimes tribunal against Bush and Cheney.

Khalid Sheikh Mohammed is going to do it for them. And it isn't just a risk. It's guaranteed, which is why Eric Holder and Barack Obama chose this course of action. KSM will probably even serve as his own lawyer because his ego really is that enormous, and going pro se will give him more time on camera. And New York is the headquarters of the American news media, which will be happy to help.

Make no mistake. This will be a trial by proxy for Bush, Cheney, Rove, Rumsfeld and Alberto Gonzalez. Obama's sycophants in the press will help KSM make sure of it.

He'll have a small army of ACLU lawyers at the taxpayer's expense, uncovering classified documents for him through the discovery process. He'll find a way to get them to his friends at al-Qaida. When we tried a terrorist in New York for the first World Trade Center bombing (the bombing occurred in 1993), classified documents obtained by the defense through the discovery process did indeed end up in the hands of al-Qaida.

There are so many things that could go wrong here for America. But Obama and Holder are convinced that if the American people are constantly reminded about waterboarding and Abu Ghraib, it will translate into fewer Democratic congressional seats lost in the 2010 and 2012 elections, and re-election for Obama in 2012.

In case any left-wingers claim that a civilian trial is the only way to ensure that justice is served, Eric Holder announced in the same press conference that while KSM and four other terrorists will be tried in civilian court, a second group of terrorists (most notably the suspected mastermind of the USS Cole bombing) will be tried in the military tribunal that I believe should be used for both groups.

Obama and Holder don't care about justice. They don't care about national security. They only care about winning elections.