The Chicago Tribune is reporting that captured Al Qaeda suspect Binalshibh is a likely candidate for the first miltary tribunal trial.

"Experts said that in the Bush administration's view Binalshibh is the ideal type to be tried by tribunal because of his potential value as an intelligence source and the government's desire to subject him to lawyer-free interrogation. They said complications arising from other prosecutions influence the matter too."

It's complicated though, because Moussaoui's lawyers want to call Binalshibh as a witness in his trial--they think it could affect the life or death decision the jury will have to make if it convicts Moussoui.

The Bush administration of course wants Binalshibh held incommunicado--and that could create "an unprecedented clash for the American justice system."

Others "believe trying Binalshibh in a civil court would ensure a fair trial and help America's image abroad." We agree.

"Justice Department officials would not comment publicly Tuesday on whether they would push to try Binalshibh before a traditional jury, though others indicated privately that the debate within the administration was already settled in favor of a tribunal."

Intelligence officials certainly are pressing to keep Binalshibh away from the federal court system so they can subject him "to whatever kind of interrogation they see fit without giving him the right to a lawyer or other legal protections."

Binalshibh is a crucial witness for Moussaoui. The Indictment against Moussaoui alleges that it was Binalshibh who wired money to the hijackers and to Moussaoui for flight lessons. We think the Courts would agree.

Which brings us back to where we were a few days ago, what if the Government has to choose between Moussaoui and Binalshibh? Binalshibh seems to be far more critical to the Government in terms of his being able to supply information about the attacks. Moussaoui has been nothing but a thorn in the Government's side since his case started.

Maybe a compromise could be worked out where the Government drops the death penalty request against Moussaoui if Moussaoui pleads and agrees to a life sentence thereby avoiding the need to call Binalshibh at all.

Whatever happens, it should occur publicly. The Government should not be allowed to hide behind a veil of secrecy in this case as it has with Padilla and Hamdi and the other detainees.