I wish I had your conviction; but lets look at the facts.
He was held without bail, denied a fast and speedy trial, all the evidence we have on him has not only lost it's chain of custody, but was gained without a Search Warrant. His confessions were obtained under torture (ie waterboarding). He was denied legal representation, and his Miranda rights were never read to him, he was not given his phone call; everything we have on him, was gotten through means other than those used on Americans. We will have to not only tell how we got phone conversations, but who was involved, our sources and how that information was disseminated.
So, what are you going to try him with? Being ridiculously good looking? The president has admitted that this man was tortured, he has been denied legal representation, his miranda rights were not read to him. He is going to walk.
What is going to happen? Well, this will turn into an attack on Pres. GW Bush; and this man will use the press to launch a series of attacks on America - it will turn into a circus. Mark me well, Pres. Bush will be called to testify on war crimes; and then we have the precident. Terrorists who survived a Predator drone attack will sue in the USA, because they were not given the opportunity to surrender, and they can claim anything they want. So, we have a choice; give up our information sources (ie. they get their heads cut off); or the US taxpayer pays millions in fees. Lawyers will see a chance to make a buck; so there will be a legal feeding frenzy.
Best case? DOJ will decline to press charges, KSM and cohorts will be deported back to their countries of origin.
Worst case?
Is left to the reader as an exercise.
If I were in charge of the military side of the information flow, I would not do anything to jeopardize sources, operations, personnel, strategy or tactics. If that means the defendants walk, so be it. The larger issue is the war itself - which will go on long after Obamao is relegated to the ash heap of history.