A person familiar with the discussions about Khan says the Justice Department is weighing whether to put him on trial in federal court in Brooklyn, but the person says no final decision has been made. The person, who requested anonymity, was not authorized to discuss the deliberations.This guy wouldn't be tried in the Southern District (Manhattan) where Khalid Sheihk Mohammad and four others are to be tried, but in the Eastern District, which is located in Brooklyn.
It's a rather puzzling choice of venue. I await a cogent explanation for why EDNY was the better option than the SDNY. Of course, my preference remains that all the detainees be tried in military tribunals, which is the preferred option for those detainees for whom little evidence that would be admissible in federal court has been adduced.
It also ignores the fact that the Obama Administration admits that there are some detainees, like Khalid Sheikh Mohammad, who will never be released regardless of the court's verdict.