I think it's OK. Firstly they're going to need a ton of guards. To keep the HIM safe from the New Yorkers
Secondly it makes us look bigger. I think the torture issue is going to come out heavily but I don't think he's going to get off because of it. There's enough without the testimony coerced from torture to nail him though the testimony under torture may be rejected, which would make us look good on a global scale - sort of a way of refuting the policy without having to tear apart our government and go back to try to prosecute members of the previous administration solely to make a point (because that's all it would be, no way would anyone actually go to jail).
"The principle: "Better that ten guilty persons escape than that one innocent suffer,"
was never meant to apply to terrorists and/or illegal combatants."
I think this is a dangerous road to tread because any group could get mad enough at another to claim this. I really think the possibility of the guy getting off is pretty remote, and again, I would love to see him walk out, a free man, onto the streets of New York, where everyone from the lowest bum to the loftiest millionaire wants to do things
to him. Seriously, that would be a harsher punishment than jail or execution. People would fly in from across the country to chill outside the courthouse and wait.
I think mainly this makes us look very good. Also, I'm not too sure in this era where "state secrets" are closely guarded even for minimal amounts of information that even in discovery they're going to get a ton. I think at best he may be able to view some of the more touchy evidence outside of the public eye. The '93 WTC trial issue isn't so lofty now, because a) they clearly already did it and b) everything has changed security-wise since then.
The dude is going down. Period. Either by law or by a mob of pissed of New Yorkers. But honestly... in the very extreme, if he gets off due to having been found tortured... well... that's kind of why we don't torture. Because it's illegal, and that's part of what happens when you act in an illegal fashion. It isn't going to happen, but in the hypothetical where it did, it would really suck, but every anti-torture person in the country will be shrieking "THIS IS WHY WE WERE SAYING WHAT WE WERE SAYING".
We aren't some backward-ass primitive tribal group. We're better than that and we don't need to stoop to their level of torture, we don't even need to step back from our own system to a military tribunal. We can give him the most American trial known to man and he will either be executed or rot in prison.
With a bunch of pissed off New Yorkers. A bunch of pissed off, heavily incarcerated
I do however think this is a show trial. Even a military tribunal would be a show trial in this instance. But, it's a show trial that might raise our esteem around the globe, and I really do think that's important. By making it public we may be able to gain a lot of ground in the moral authority arena, which would strengthen our global power.
Just my two cents.