The Madeleine Brand Show for April 5, 2011

KSM will stay at Guantanamo: White House reverses position on federal trial for terror suspect

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Attorney General Eric Holder speaks during a news conference announcing that Sept. 11 mastermind Khalid Sheikh Mohammad will be tried in a military commission, at the Justice Department on April 4, 2011 in Washington, DC.

The White House has reversed itself and announced hat accused 9-11 mastermind Khalil Sheik Mohammed wil not be tried in open court after all. Just a year and a half ago, Attorney General Eric Holder said an open trial in federal court would demonstrate the fairness of the American criminal system. and would be the defining event of his time as attorney general. But Mohammed will now be tried before a military commission at Guantanamo. Slate's legal expert Dahlia Lithwick joins us to talk about that and a Supreme Court Decision written by Justice Clarence Thomas.

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