[LachlanMinnesota]

If KSM is tried in a military court, in order for him to be sentenced to death, doesn't Obama have to give the final OK for that? If so, to avoid having to sentence KSM to death, Obama needs to have the civilian courts try him. There, the court is the final sentencing agent.

However, Obama has the power to pardon in the civilian court, which I am certain is not a problem for him.

I believe the motive for getting KSM out of the military system is so that Obama cannot be blamed for ordering the execution.

Any Military lawyers or others who know think this in incorrect?

[La Lydia]

If he is tried in a federal court, the President doesn’t have to OK the death penalty, the court sentences him if convicted. The President does, however, have the authority under the Constitution to grant reprieves and pardons for federal crimes.