MICHAEL C. DORF Is The Bush Administration Right to Seek the Death Penalty for 9/11 Captives? FindLaw columnist and Columbia law professor Michael Dorf discusses the Bush Administration's decision to seek the death penalty, via statutorily-authorized military commission proceedings, for Khalid Shaikh Mohammed and five others who allegedly played roles in the 9/11 attacks. Dorf considers the various arguments for the imposition of the death penalty, and explains why each might or might not apply in these extraordinary circumstances -- considering factors such as the difficulty of deterring someone on a suicide mission with the threat of the death penalty, and the possibility that executions could lead to the deaths of more innocent people.