That is, no military commission for he and four of his confederates:

Khalid Shaikh Mohammed, the self-described mastermind of the Sept. 11 attacks, and four other men accused in the plot will be prosecuted in federal court in New York City, a federal law enforcement official said early on Friday.

But Obama the administration will prosecute Abd al-Rahim al-Nashiri — the detainee accused of planning the 2000 bombing of the U.S.S. Cole in Yemen — and several other detainees before a military commission, the official said.

[...]

The decisions about how to prosecute Mr. Mohammed and Mr. Nashiri have been particularly difficult because their defense lawyers are expected to argue that they were illegally tortured by the Central Intelligence Agency during their confinement, tainting any evidence gathered from their interrogations.

Documents have shown that the CIA used waterboarding — a controlled drowning technique — against Mr. Mohammed 183 times in March 2003. Mr. Nashiri is one of two other detainees known to have been waterboarded before the Bush administration shut down the program, which high-level officials had approved after the Justice Department wrote legal memorandums arguing that the president, as commander-in-chief, could authorize interrogators to bypass anti-torture laws.

Obviously, evidenced obtained from torture is inadmissible in a civilian court, but I’m sure they will have no trouble convicting Mohammed. What’s more interesting to contemplate is the Obama administration’s apparent intention to try some terrorist detainees in civilian courts,and others before military commissions. Why the difference? Speculate away.

UPDATE: Glenn Greenwald:

…the more consequential impact of Obama’s decision is likely to be overlooked: we’re now formally creating a multi-tiered justice system for accused Muslim terrorists where they only get the level of due process consistent with the State’s certainty that it will win. Mohammed gets a real trial because he confessed and we’re thus certain we can win in court; since we’re less certain about al-Nashiri, he’ll be denied a trial and will only get a military commission; others will be denied any process entirely and imprisoned indefinitely.

Is he wrong? I don’t think so.