What this Politico story highlights is how this is an entirely political calculation for President Obama. He is so concerned about placating the liberal base and trying KSM in a civilian court that he's tied in knots. Further, trying KSM in a civilian court is what Obama wants to do, but realizes it'll hand a national security win to Republicans in advance of the fall elections. Obama's problem is deep down he knows that which he believes to be "right" isn't the "right" thing to do in the name of national security.
Republicans should make hay on this because it shows the bi-polar nature of the Obama administration on National Security. They love to crow about killing on sight suspected terrorists in the battlefield with drones, but demand on coddling suspected terrorists in custody.