Actually the Pentagon is a military target within the govt., so the govt. can decide where the trial is to be held. The exception would be any action entirely within the military. KSM is not military, no matter how anybody wants to redefine him as such.
Also remember:
I don't recall the right wing up in arms about this! What no hysteria about terrorists attacks on NJ? No whining about diatribes that would bring down the govt! No carping about shaming the us military by taking it outside the military? Tsk, tsk, tsk.:mrgreen:
Granted, they are not U.S. military personnel, but they are military personnel - they are military proxy for Iran - you can bet your bottom dollar on it - Iran has been working their proxies since soon after 1979 when Khomeini overthrew the Shah, then overthrew our embassy in Iran, took the personnel there hostage, funded their proxies in Lebanon, Syria, Yemen, Somalia, and you name it where their proxies have gone with their terrorist activities - look what they have done in Europe; Spain, London just to name a few - and here - they set up Hezbollah, Hamas and the Palestinian Islamic Jihad - it is my belief they set up Al Qadea - Iran's proxies are responsible for the bombing of our embassies in Dar es Salaam, Tanzania and Nairobi, Kenya; funded by Iran through Sudan - the attempt on the Twin Towers, the USS Cole, the leveling of the Twin Towers, 3 civillian jet airliners with civillians onboard, the Pentagon, and killing over two thousand innocent people on 9/11 - they have been at war with us since 1979 - Iran's rallying cry is: "Death to America". They are the principal supplier of weapons and training for the the Taliban and Al Quadea in Afghanistan, Pakistan and Iraq.
They are all proxies whom Iran uses to perpetrate their military activity - Iran is the puppeteer in all of this - and all of their proxy puppets are trained for what they do.
They are at war with us - granted, they don't wear uniforms like us, but they trained to do the rotten deeds they do - everybody has seen clips of them training on TV - the training is what makes them soldiers, and their training has all been funded by Iran, one way or the other - therefore, no matter how anyone spins it, they are military - and on top of it they hit the Pentagon and killed 55 U.S. military personnel.
The military must bring them before a military tribunal - the liberals can spin it all they want about their not being soldiers, but they can't spin it for the military personnel that they killed - if the government wants to try them before a judge, so be it - but they must also be brought before a military tribunal and answer for the 55 U.S. soldiers that they killed.
The intent, as well as the act of killing 55 U.S. soldiers at the Pentagon, is what counts - they intended to strike a big blow at our military when they hit the Pentagon - therefore, the intent adds to why they MUST be tried in a military tribunal.