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-If you're right, then it means Obama is willing to take the risk of KSM being acquitted in order to have a chance to pillory the Bush administration's practices. I don't know that I can believe that, as it seems like a huge risk to take in order to get an advantage that could have been realized is several other ways. Obama has continuously taken the middle-road approach toward looking back at the Yoo crew, despite the fact that if he wanted to score some points on this issue, that would have been the low-hanging fruit.
-Even if we can attribute these motives to Obama, who is seeking reelection, he's not the only one who's involved in this process. For someone like Preet Bharara, a loss on the KSM trial would be career suicide. I can't imagine that he and the USA for the EDVA would be fighting to get this case if they weren't near-certain of victory. Lawyers may play all sorts of games, but they're also risk-averse (otherwise they'd be bankers).
In the end, it may well be that Obama schemed this whole plan up in order to get a political advantage. However, since we'll never really know, I can only really judge his decision by the outcome.
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