Among the thoughts lifted from my brain…
These guys are not American citizens, nor were they arrested on American soil by law enforcement. The right to a trial by jury is a bit of a stretch for “foreigners living abroad,” especially when some of them—such as KSM himself—did not actually commit a physical crime on American soil nor Americans living abroad, but conspiracy to do so.
The President, through his AG, basically thinks that if the case is strong enough against someone in his own judgment, the Constitutional presumption of innocence need not apply.
Of course the whole line of reason to give him a trial based on “we can do it because we know he’s guilty and will be convicted” is just downright offensive. You either give him the traditional trial or not and you do not base that decision on how likely you think a conviction will be.