Nearly 10 years after 9/11, the Pentagon has re-filed charges before a military commission against Khalid Shaikh Mohammad and four other co-conspirators who allegedly assisted in the planning and execution of the September 11 attacks. Military prosecutors "have recommended that the trial be a capital case" and all five men are charged with "conspiracy, murder in violation of the law of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, hijacking aircraft and terrorism," the AP reports. It's a good thing these supervillains are locked up in Guantanamo, New York City would never be able to handle a terror trial.

Despite the fact that a Gitmo detainee, who alleged that he was tortured, was sentenced to life in prison in a civilian court in New York, Attorney General Eric Holder buckled under political pressure and reversed his initial decision to try the men in civilian court in New York, after everyone from Governor Patterson to Mayor Bloomberg complained that the trials would cost $200 million a year in security. More troubling is the fact that many detainees currently being housed in Guantanamo have been subjected to enhanced interrogation techniques, many of which are considered to be torture, including the practice of waterboarding. Thus some of the government's evidence and testimony would more likely be thrown out in civilian court. Khalid Shaikh Mohammad was waterboarded 183 times.

Torture may still color the cases of the men in a military commission, but should have less of an impact than in civilian court. As soon as a judge is assigned to the case, and the officers are selected to form the tribunal, the men should be arraigned within 30 days.