Remember, everything is about Obama's legacy. Nothing else.
After all the legal wrangling, Obama may very well be out of office by the time any civilian trial is concluded. Holder did not tell Sen. Graham that KSM would be re-imprisoned. He said that Congress would not allow KSM to "be released in THIS country."
Obama could be accused of biasing any jury pool with his statements. If KSM is found "not guilty", Obama can point to that as an example of how fair HIS administration is and that HE has restored America to the fair and wonderful place it was before.....fill in the blank.
All of the ramifications on KSM and other terrorists custody status has been done. No one wants a clear definition. One that we could use is the old term OUTLAW. They are outside the law, and therefore free game for anyone. Just as we will never see a return to the standards of piracy prosecution from the past (can you see any modern skipper of a warship hanging pirates caught in the act?), our society will not allow itself to treat these mad dogs appropriately.
Also this trial will set precedent. This is the first step in turning the War on Terror into a criminal investigation. Obama and his far left allies want the war to end. They have never believed in it.
This "trial" could be held anywhere. NY will be picked for the theater. Why not Pennsylvania? Or Virginia? Holder refused to answer any questions about conflict of interest because of past associations with firms that DEFENDED the terrorists. This is about Obama's legacy. Holder is his pet.