Let’s not forget this is NOT about a fair trial for KSM; it is all about politics.
Obama knows it will be years before this trial is concluded. He can point to the trial as evidence this should have been done from the gitgo. Whatever goes wrong he blames Bush for.
This is probably a really naive question from out of the movies, but could he get a little chip implanted somewhere, so that when he goes free after the trial we can track him? That way when he meets up with his buddies, we can go get them all?
I grant you, the current administration would likely not want to do that to a poor Gtmo survivor, but is that technically possible?