AP
The administration has announced that it will not prosecute the mastermind of the 911 terror attacks, Khalid Sheikh Mohammed, in a military tribunal. Instead, Attorney General, Eric Holder has decided that he and his four co-conspirators will stand trial in New York City in Federal Court. As you might expect, the decision has many questioning the prudence of such a decision that seems largely political because of the President’s decision to close the Guantanamo Bay Detention Facility. Moving the cases to civilian court will also provide a host of problems for prosecutors who will now have to treat these men like common criminals when for years they have been held as military prisoners. It is likely that water boarding and enhanced interrogation tactics will now be the centerpiece of these cases rather than the heinous acts that they committed.
The President conveniently finds himself thousands of miles away in Tokyo and is clearly hoping that the outrage from this decision will die down while he is gone or at least be focused on Eric Holder. This is a despicable move by a President that has appeared hellbent on shaming the previous administration. He is an attorney and he certainly understands the repercussions of moving these cases to federal court. Even ignoring the legal problems that this decision creates, he must understand that moving these terrorists to New York City to stand trial is going to create an environment in Manhattan that hasn’t existed since 911. The very presence of these men in that scene guarantees that thousands will gather daily to protest at the trials, and with those gatherings will come concern for the likelihood of potential terrorist attacks carried out in these men’s names. This is a ridiculous decision any way you try to spin it Mr. President and you’re a coward for not being here to defend it.
Attorney General Eric Holder has just finished speaking to reporters regarding this decision. He told the press that he is “confident” that this case will be prosecuted successfully and attempted to alleviate concerns that the case will be thrown out on a technicality. Having listened to the press conference, I am not convinced. Federal judges sitting in life appointments are rather insulated from public ridicule and this case may illustrate the importance of each and every one of these nominations. I have no doubt that the Justice Department will very carefully select the judge that will preside over this case, but history has shown that judges are never truly known commodities until they are faced with their biggest case.
From a procedural standpoint, this decision appears to be headed for troubled waters as well. Holding this trial in lower Manhattan will undoubtedly lead the defense of these terrorists to immediately move for a change of venue. Holder maintains that the voir dire process will provide an unbiased jury of their “peers,” but seriously? Is there such a group of benign and ambivolent human beings left on the planet – let alone in Lower Manhattan? I think not.
The jury selection process may be reflective of the many problems that loom large for prosecuting these individuals in the Federal System, but it is certainly not the end of the road. Evidentiary challenges are likely to take months or years long before this case ever sees a court room. Previous cases transfered to the Federal system have already proven this decision to be flawed from the outset taking years to come to trial in matters only fractionally as complex as those that will face these terrorists.
Having not even prepared indictments for these individuals, the next phase in this political legal process is likely months away. In that time, expect much of the attention by this administration to shift to blaming the Bush administration for creating a system of justice that has taken eight years to get to this point rather than the 5-10 years it will undoubtedly take to bring these terrorists to justice under the new plan.
Attorney General Eric Holder plans to announce the decision later in the morning.
President Obama, speaking in Tokyo, said he will insist that Mohammed be subject to “the most exacting demands of justice” and called the move both a prosecutorial and a national security decision.
“I’m absolutely convinced that Khalid Sheik Mohammad will be subject to the most exacting demands of justice. The American people insist on it. My administration will insist on it,” he said.
Bringing such notorious suspects to U.S. soil to face trial is a key step in Obama’s plan to close the terror suspect detention center at Guantanamo Bay, Cuba. Obama initially planned to close the detention center by Jan. 22, but the administration is no longer expected to meet that deadline.
The New York case may also force the court system to confront a host of difficult legal issues surrounding counterterrorism programs begun after the 2001 attacks, including the harsh interrogation techniques once used on some of the suspects while in CIA custody. The most severe method — waterboarding, or simulated drowning — was used on Mohammed 183 times in 2003, before the practice was banned.
Holder will also announce that a major suspect in the bombing of the USS Cole, Abd al-Rahim al-Nashiri, will face justice before a military commission, as will a handful of other detainees to be identified at the same announcement, the official said.
The attorney general has decided the case of the five Sept. 11 suspects should be handled by prosecutors working in the Southern District of New York, which has held a number of major terrorism trials in recent decades at a courthouse in lower Manhattan, just blocks from where the World Trade Center towers once stood.
Holder had been considering other possible trial locations, including Virginia, Washington and a different courthouse in New York City. Those districts could all end up conducting trials of other Guantanamo detainees sent to federal court later on.
The attorney general’s decision in these cases comes just before a Monday deadline for the government to decide how to proceed against 10 detainees facing military commissions.
In the military system, the five Sept. 11 suspects had faced the death penalty, but the official would not say if the Justice Department would also seek capital punishment against the men once they are in the federal system.
Mohammed admitted to interrogators that he was the mastermind of the attacks — he allegedly proposed the concept to Osama bin Laden as early as 1996, obtained funding for the attacks from bin Laden, oversaw the operation and trained the hijackers in Afghanistan and Pakistan.
– Bin Attash, a Yemeni, allegedly ran an al-Qaida training camp in Logar, Afghanistan, where two of the 19 hijackers were trained. Bin Attash is believed to have been bin Laden’s bodyguard. Authorities say bin Laden selected him as a hijacker, but he was prevented from participating when he was briefly detained in Yemen in early 2001.
– Binalshibh, a Yemeni, allegedly helped find flight schools for the hijackers, helped them enter the United States and assisted with financing the operation. He allegedly was selected to be a hijacker and made a “martyr video” in preparation for the operation, but was unable to get a U.S. visa. He also is believed to be a lead operative for a foiled plot to crash aircraft into London’s Heathrow Airport.
– Ali allegedly helped nine of the hijackers travel to the United States and sent them $120,000 for expenses and flight training. He is believed to have served as a key lieutenant to Mohammed in Pakistan. He was born in Pakistan and raised in Kuwait.
– Mustafa Ahmad al-Hawsawi, a Saudi, allegedly helped the hijackers with money, western clothing, traveler’s checks and credit cards. Al-Hawsawi testified in the trial of Zacarias Moussaoui, saying he had seen Moussaoui at an al-Qaida guesthouse in Kandahar, Afghanistan, in early 2001, but was never introduced to him or conducted operations with him.
As a former prosecutor, I have to tell you that this will be a procedural nightmare for federal prosecutors. They will be buried from this day until trial with thousands of suppression motions and appeals to follow each. This case will not see a courtroom for at least 6 years as it will take that long to move procedurally through the case. It may have taken 8 years to get to this point in the military justice system under the Bush administration, but the case was finally ready to go to trial – which is what makes this change in venue all the more deplorable. A judgment would have emerged in less than 18 months if it were to have stayed in the commissions, now it will be years away.
I appreciate the comment and your insights given your background. I share your frustration as I sincerely believe that these cases would have been resolved in a far more timely manner if they would have been allowed to run their course in the military commission forum rather than beginning anew in the federal courts. Even if they move with great haste, I doubt this matter will be resolved for quite some time.
I would support this if we let them try him on the streets of NYC. What about that proposal Mr. Holder?
NY Litigator: I’m in law enforcement, I’m just a dumb cop, but I can’t resolve the common sense question as to why only SOME of the terrorists qualify because they have certain rights and others don’t. What’s the venue going to be? Egypt? I think you are being conservative saying that it will take six years. I think it will take even more time when all is said and done. Millions of taxpayer dollars that will be needed, our Country being put on trial for waterboarding and other things… just like they wanted, and the needless additional pain the victims and quite frankly all of us will have to go through so they can divert attention on what is actually going on in our country. They see an opportunity to re-hash their old tired excuse and argument about Bush/Cheney/waterboarding so they can contrast themselves in the eyes of the world as being “better” and that’s the best they can do. Although Holder thinks us all “cowards”, he seems to be illustrating that he might be the biggest one of all. This is a disgrace, a travesty, and I can’t wait till 2012.
Dave B: I appreciate the comment and it is very well stated. I agree with you that this is nothing more than an attempt by this administration to juxtapose itself and that of George W. Bush for the world to see and judge as righteous. I have no doubt that this trial will become mired in political rhetoric and will focus more upon the inadequacies of the Bush administration military commissions than the acts which were committed. The only reason why I believe that this case will come to trial find resolution in the five to six year window mentioned above is simply because of the political consequences that President Obama will face if it does not. Let’s look at two scenarios. 1. If he is not re-elected, the next administration will force this case to trial immediately (3 years, maybe 4). 2. If he is unfortunately re-elected, he will be working on his swan song; his legacy legislation in the last two years of his second term and will need a favorable Congress. Finally bringing these men to justice would go a long way to securing Democratic victories in 2014. (5years, maybe 6). Outside of those two motivating factors, I completely agree with you. This thing may not see the court room until long after President Obama has left the White House.
I hope he takes his blanket off his head and shaves the pubic hair on his face by the start of this “Trial”.
[...] for one of the men is saying that they intend to tell their story and why they did what they did. Translation=they are going to use the trial to rant about their political/ religious philosophies and use the bully pulpit of [...]
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I’m extremely astounded that our legal system required this much time force Mr shahzad to confess to his terrorism. I still can’t conceptualise this happening, In reality, I only lived about three miles from him. It’s a little disturbing to recognise that this kind of terrorism can be occurring in my own town in Bridgeport. I’m just happy that no one was injured in the unsuccessful bombing, if one of these New Yorkers were not so vigilant, that day could have had an totally different note.
I’m exceedingly astonished that it required this much time pressure mr Shahzad to admit to his terrorism. I still can’t conceptualize, In reality, I merely was about a quarter of a mile from him. It’s a little worrying to recognise that this sort of terrorist act can be continuing in my own city of Bridgeport. I’m glad that no one was injured in the undertaken bombing, if some of these New Yorkers were not so watchful, this all might have had an entirely somber feeling.