SWALLOW HARD BEFORE YOU READ THIS ONE - AT 8:22 P.M. ET:  If you really doubt that the civilian trial of the mastermind of 9-11 can suddenly run into problems, consider the behavior of one country whose intelligence service may play a role.  From Fox:

A German government official says the nation will send an observer to the upcoming trial in New York of the professed mastermind of the Sept. 11, 2001, terror attacks and four accused henchmen.

Justice Ministry spokeswoman Katharina Jahntz on Saturday confirmed a report in Der Spiegel that a German observer would attend the trial to ensure that no evidence provided by Germany would be used to apply the death penalty.

We're moved to see Germany so concerned about preserving human life.  They're about 70 years too late.

Three of the four suicide pilots who carried out the attacks had lived and studied in the northern German city of Hamburg.  Germany, like the rest of Europe, except for Belarus, does not execute criminals

U.S. authorities announced last week that Khalid Sheikh Mohammed would be tried by a New York court. No date has been set, but the choice of a civilian court rather than a military tribunal set off heated debate within the United States.

President Obama and Attorney General Eric Holder firmly rejected such criticism Wednesday, predicting that Khalid Sheikh Mohammed would be exposed as a murderous coward, convicted and executed.

"Failure is not an option," Holder declared.

An option for whom?  What if a judge throws out half the evidence and the prosecution falls apart?  What if one juror in 12 refuses to convict, leading to a hung jury? 

And how, precisely, will Germany have information excluded from the trial - information that could be crucial to the prosecution?

Aw, come on, just listed to Eric Holder.  It's a lock.  It's in the bag.   Like Chicago getting the Olympics.

November 21,  2009