I fully expect acquittal for KSM. I originally thought it was to demonstrate to Islam the "new tone" in Washington. But having read your post I think you're right. I can hear the pundits now asking "How can this be?" "This was supposed to be a slam-dunk. Who 'blew it'?"
Bush, Cheney, Rumsfeld, Gonzales, blah, blah, blah. That's how the history books will record this sad episode.