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New York Still Being Considered For 9/11 Trial, Holder Testifies
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April 14, 2010 2:40 p.m. EST
Topics: government, government departments, politics, trials, defense, national security, crime, law and justice, United States
Kris Alingod - AHN News Contributor
Washington, DC, United States (AHN) - Attorney General Eric Holder told lawmakers Wednesday that the Justice Department is still considering trying top 9/11 suspects in New York, and that the use of civilian courts was an "integral component" of the Bush administration's anti-terror efforts.
Testifying before the Senate Judiciary Committee, Holder said officials are still studying whether to use a Manhattan court to try Khalid Sheikh Mohammed and four alleged 9/11 conspirators. "In every circumstance, we must choose the weapon that will be most effective... No final decision has been made about the forum in which Khalid Sheikh Mohammed and his co-defendants will be tried," Holder said.
"It should be clear to everyone by now that there are many legal, national security and practical factors to be considered here. As a consequence, there are many perspectives on what the most appropriate and effective forum is," he added.
Last November, the Justice Department said it would try five prisoners suspected of the 9/11 attacks in U.S. federal courts amid criticisms from conservatives about the use of civilian courts, instead of military commissions.
No date has been set for the trial of Walid Muhammed Salih Mubarak Bin Attash, Ramzi Bin Al Shibh, Ali Abdul-Aziz Ali, Mustafa Ahmed Al Hawsawi and Mohammed, allegedly the mastermind of the attacks.
The proceedings were set to be held in the U.S. District Court for the Southern District of New York. However, the administration encountered criticisms from Gov. David Paterson and Mayor Michael Bloomberg.
Local community and business leaders had also balked at the plans laid out by police on securing the city during the trial, which is expected to take several years. The cost has been reported at $200 million annually.
Obama administration officials were later reported to be planning to recommend the use of military commissions to prosecute the suspects. This prompted liberals to compare the president to his predecessor.
The American Civil Liberties Union ran a full-page ad in the New York Times asking, "What will it be Mr. President? Change or more of the same?" The ad features an image of Obama morphing into former President George W. Bush.
In his testimony, Holder warned that prohibiting the use of federal courts would "jeopardize" the nation's anti-terror strategy. He also reiterated arguments made by the administration that the previous administration had used civil courts to prosecute terrorists.
"Now, at a time when questions have been raised about the role of our courts, it is important to note that most of these convictions came during the last administration," said Holder. "The Bush Administration used the criminal justice system to interrogate, prosecute and incarcerate terrorists for the same reason the Obama administration has: it is an extremely effective tool to ensure justice and protect the security of the American people."
"Let me be clear: this administration will use every tool available to fight terrorism. That includes both civilian courts and military commissions," he added.
Only three defendants have been convicted by military commissions while more than 300 defendants have been convicted and sentenced in federal criminal courts for terrorism-related offenses, according to the Obama administration.
New York had hosted the trial of Omar Abdel-Rahman, the mastermind of the 1993 World Trade Center bombing. In addition, the Bush administration tried 190 terrorists in civilian courts, including Richard Reid, the 2001 shoe bomber, and Zacarias Moussaoui, the first person convicted for 9/11.
The trials of Mohammed and the four other 9/11 suspects are part of efforts to shutter the detention facility in Guantanamo Bay.
Republicans oppose closing the facility because the nation is still at war and they say no other prison is capable of "safely and humanely" holding top terror suspects. They also argue that suspected terrorists should not be accorded the same constitutional rights as U.S. citizens in federal courts.
Sen. Lindsey Graham (R-SC) has introduced a bill that would prohibit the Justice Department from using funds to try the suspects in federal court. The measure, which is similar to legislation defeated in the Senate last year, has leading Republicans as co-sponsors as well as three Democrats: Sens. Blanche Lincoln (D-AR), Mark Pryor (D-AR) and Jim Webb (D-VA).
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