Thursday, November 19, 2009

Intelligence treasure-trove

Former Justice Department official John Yoo argued in this week’s Wall Street Journal that holding the trial of Khalid Sheikh Mohammed in the U.S. will amount to an “…intelligence bonanza for al Qaeda”. The crux of his argument stems from the need for full disclosure of evidence during a trial, including U.S. intelligence methods and sources. KSM and his co-defendants will be afforded the same Constitutional rights as resident aliens, including the full disclosure clause. Yoo also cites the trial of Z. Moussaoui, and the way lawyers were able to string along the trial for four years. This created a forum for him to air his anti-American grievances, and gave al Qaeda critical information on who the Government saw as threats to national security.

Barring one’s personal opinions on whether or not the trial should be held in the U.S., is Yoo’s argument sound? Does the trial represent an intelligence flub when taking judicial procedure into account?

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