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Viewpoints on trying the 9/11 detainees

By Josh Richman
Friday, November 13th, 2009 at 11:15 am in Civil liberties, General, War on Terror.

U.S. Attorney General Eric Holder announced this morning that five alleged terrorists believed to have taken part in planning the Sept. 11, 2001 attacks will be brought from the detention camp at Guantanamo Bay, Cuba to New York City, where they’ll be tried in federal court.

From House Minority Leader John Boehner, R-Ohio:

“The Obama Administration’s irresponsible decision to prosecute the mastermind of the 9/11 attacks in New York City puts the interests of liberal special interest groups before the safety and security of the American people. The possibility that Khalid Sheik Mohammed and his co-conspirators could be found ‘not guilty’ due to some legal technicality just blocks from Ground Zero should give every American pause.

“These men are part of a global terrorist network dedicated to attacking America and civilization itself, and on that awful day nine years ago, they succeeded in killing nearly 3,000 men, women, and children. These terrorists were already being tried by military commissions, which were specifically designed to prosecute such heinous acts.

“This decision is further evidence that the White House is reverting to a dangerous pre-9/11 mentality – treating terrorism as a law enforcement issue and hoping for the best. We need a real strategy for fighting and winning the war on America’s terrorist enemies that includes an effective, credible, and consistent plan for all terrorist detainees.”

From Iraq War veteran and VoteVets.org chairman Jon Soltz:

“Finally, after years and years, those responsible for the worst terror attack on America will start to face American justice.

“Showing the world that we operate on a higher moral plane than fiefdoms, theocracies and dictatorships when it comes to justice will be a dagger in the heart of al Qaeda recruiting, as Guantanamo Bay has been one of the terror group’s most effective recruiting posters. That helps our troops, and protects America.

“Additionally, this will prove that Liz and Dick Cheney, Mitch McConnell, John Boehner and their cohorts have been engaging in pure politics. Contrary to what they’ve said, transferring detainees to the U.S. to face justice and punishment will be secure, safe, and strong, as it has been for nearly 200 other terrorists. Once that becomes evident, it will be clear that their only interest in opposing real justice was to take down President Obama — American security be damned.”

Read Holder’s remarks at this morning’s news conference in their entirety, after the jump…

“Good morning. Just over eight years ago, on a morning our nation will never forget, nineteen hijackers working with a network of Al Qaeda conspirators around the world launched the deadliest terrorist attacks our country has ever seen. Nearly 3,000 people lost their lives in those attacks, and in the years since, our nation has had no higher priority than bringing those who planned and plotted the attacks to justice.

“One year before, in October 2000, a terrorist attack on the USS Cole killed seventeen American sailors.

“Today we announce a step forward in bringing those we believe were responsible for the 9/11 attacks and the attack on the USS Cole to justice.

“Five detainees at Guantanamo have been charged before military commissions with participation in the 9/11 plot: Khalid Sheikh Mohammed, Walid Muhammed Salih Mubarak Bin Attash, Ramzi Bin Al Shibh, Ali Abdul-Aziz Ali, and Mustafa Ahmed Al Hawsawi. Those proceedings have been stayed since February, as have the proceedings pending in military commissions against four other detainees accused of different crimes. A case in military commissions against the alleged mastermind of the Cole bombing, Abd al-Rahim al-Nashiri, was withdrawn in February.

“For the past several months, prosecutors at the Department of Justice have been working diligently with prosecutors from the Pentagon’s Office of Military Commissions to review the case of each detainee at Guantanamo who has been referred for prosecution. Over the past few weeks, I have personally reviewed these cases, and in consultation with the Secretary of Defense, have made determinations about the prosecution of ten detainees now held at Guantanamo, including those charged in the 9/11 plot and the alleged mastermind of the Cole bombing.

“Today, I am announcing that the Department of Justice will pursue prosecution in federal court of the five individuals accused of conspiring to commit the 9/11 attacks. Further, I have decided to refer back to the Department of Defense five defendants to face military commission trials, including the detainee who was previously charged in the USS Cole bombing.

“The 9/11 cases that will be pursued in federal court have been jointly assigned to prosecutors from the Southern District of New York and the Eastern District of Virginia and will be brought in Manhattan in the Southern District of New York. After eight years of delay, those allegedly responsible for the attacks of September the 11th will finally face justice. They will be brought to New York to answer for their alleged crimes in a courthouse just blocks from where the twin towers once stood.

“I am confident in the ability of our courts to provide these defendants a fair trial, just as they have for over 200 years. The alleged 9/11 conspirators will stand trial in our justice system before an impartial jury under long-established rules and procedures.

“I also want to assure the American people that we will prosecute these cases vigorously, and we will pursue the maximum punishment available. These were extraordinary crimes and so we will seek maximum penalties. Federal rules allow us to seek the death penalty for capital offenses, and while we will review the evidence and circumstances following established protocols, I fully expect to direct prosecutors to seek the death penalty against each of the alleged 9/11 conspirators.

“In his speech at the National Archives in May, the President called for the reform of military commissions to ensure that they are a lawful, fair, and effective prosecutorial forum. The reforms Congress recently adopted to the Military Commissions Act ensure that military commission trials will be fair and that convictions obtained will be secure.

“I know that the Department of Defense is absolutely committed to ensuring that military commission trials will be consistent with our highest standards as a nation, and our civilian prosecutors will continue to work closely with military prosecutors to support them in that effort.

“In each case, my decision as to whether to proceed in federal courts or military commissions was based on a protocol that the Departments of Justice and Defense developed and that was announced in July. Because many cases could be prosecuted in either federal courts or military commissions, that protocol sets forth a number of factors – including the nature of the offense, the location in which the offense occurred, the identity of the victims, and the manner in which the case was investigated – that must be considered. In consultation with the Secretary of Defense, I looked at all the relevant factors and made case by case decisions for each detainee.

“It is important that we be able to use every forum possible to hold terrorists accountable for their actions. Just as a sustained campaign against terrorism requires a combination of intelligence, law enforcement and military operations, so must our legal efforts to bring terrorists to justice involve both federal courts and reformed military commissions. I want to thank the members of Congress, including Senators Lindsay Graham, Carl Levin and John McCain who worked so hard to strengthen our national security by helping us pass legislation to reform the military commission system.

“We will continue to draw on the Pentagon’s support as we bring cases against the alleged 9-11 conspirators in federal court. The Justice Department has a long, successful history of prosecuting terrorists for their crimes against our nation, particularly in New York. Although these cases can often be complex and challenging, federal prosecutors have successfully met these challenges and have convicted a number of terrorists who are now serving lengthy sentences in our prisons. And although the security issues presented by terrorism cases should never be minimized, our marshals, court security officers, and prison officials have extensive experience and training dealing with dangerous defendants, and I am confident they can meet the security challenges posed by this case.

“These detainees will not be transferred to the United States for prosecution until all legal requirements are satisfied, including those in recent legislation requiring a 45 day notice and report to the Congress. I have already spoken to Governor Paterson and Mayor Bloomberg and am committed to working closely with them to ensure that all security and related concerns are properly addressed. I have every confidence that we can safely hold these trials in New York, as we have so many previous terrorism trials.

“For the many Americans who lost friends and relatives in the attacks of September 11, 2001 and on the USS Cole, nothing can bring those loved ones back. But they deserve the opportunity to see the alleged plotters of those attacks held accountable in court, an opportunity that has been too long delayed. Today’s announcements mark a significant step forward in our efforts to close Guantanamo and to bring to justice those individuals who have conspired to attack our nation and our interests abroad.

“For over two hundred years, our nation has relied on a faithful adherence to the rule of law to bring criminals to justice and provide accountability to victims. Once again we will ask our legal system, in two venues, to rise to that challenge. I am confident it will answer the call with fairness and justice.”

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  • Truthclubber

    John Boehner is the new Joe (Tail Gunner) McCarthy — for ALL that it is worth…”I hold in my hand the paper containing the names of communist sympathizers…” which turned out to be a BLANK piece of paper.

    Welcome to the “Retro-50s” my friends — brought to you by RR and his friends — fascists every one of them.

  • Lars Ulno

    The Obama fascists are definitely back, returning us to the retro-20′s:

    1. Trying to silence the free press
    2. Purging the government of all those who are from the previous elected government
    3. Eliminating free choice for individuals over their own bodies
    4. Taking over private enterprises such as auto, banks, insurance, health care

    …and many more!

    Meanwhile, cheerleaders such as “Truthclubber” and this paper ignore real stories such as the terrorist event at Stoneridge by a Hayward man on Nov 4:

    Police arrested 22-year-old Abdul Walid Hamid of Hayward on the evening of Wednesday, Nov. 4, after he reportedly tore a crucifix from a person’s neck and scared others at Stoneridge Shopping Center.

    Hamid, an employee at a mall kiosk near Starbucks, has been charged with battery, terrorist threats and grand theft.

    According to reports, Hamid was yelling “Allah is power” and “Islam is great” while holding a pen in a fist over his head. Witnesses said he shouted anti-Christian comments, said police.

    Lt. Mike Elerick of the Pleasanton Police Department said the man was not provoked and didn’t threaten violence, but he committed robbery when he grabbed and broke a crucifix off someone’s neck.

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  • Elwood

    Don’t be alarmed!

    Remember Islam is the religion of peace and love.

    Don’t let these isolated incidents (13 dead in TX, etc.) prejudice you against our little brown rag head brother.

  • Truthclubber

    Looks like Elwood is drinking from the same fascist, racist cup as RR and producing the same (oral) results…

  • Elwood

    Instead of throwing the usual lunatic liberal buzz words (fascist, racist) around why don’t you put forward an argument to prove that I’m wrong?

  • Truthclubber

    Sorry to school you where so many others have failed to take on your parent’s implied narrow-mindedness programming and that which you abjectly refuse to challenge, but here’s a fact you can’t obscure (and yes, my fancy word choices DO imply an Ivy League education that you only enviouslessly dream would have been yours):

    You infer through your fascist, racist VOMIT that (as one, pulled from thin air example) Cat Stevens aka Yusef Islam is(and your words, you racist, facsist a$$hole) “a little brown bag rag head brother” by your own words.

    You’re entitled to your own opinions, but NOT your own facts.

  • Elwood

    Re #7:

    What have you been smoking? Is there any left? Can I have some?

    I guess “a little brown bag rag head brother” would be one who takes his lunch to the jihad meeting.

    Thank you for confirming my belief that people who brag about their education are merely demonstrating their own insecurity and ignorance.

    It would appear that you have me confused with someone who might give a shit about your opinion.