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[southwind]

I am sure all of you have heard about this by now. I am just posting some quotes. The entire article from the New York Times is at the link, and there are quite a number of links within the article.

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Accused 9/11 Mastermind to Face Civilian Trial in N.Y.

By CHARLIE SAVAGE
Published: November 13, 2009

Quote:

WASHINGTON — The Obama administration said Friday that it would prosecute Khalid Shaikh Mohammed, the self-described mastermind of the Sept. 11 attacks, in a Manhattan federal courtroom, a decision that ignited a sharp political debate but took a step toward resolving one of the most pressing terrorism detention issues. The decision, announced by Attorney General Eric H. Holder Jr., could mean one of the highest-profile and highest-security terrorism trials in history would be set just blocks from where hijackers for Al Qaeda destroyed the World Trade Center, killing nearly 3,000 people. Mr. Holder said he would instruct prosecutors to seek death sentences for Mr. Mohammed and four accused Sept. 11 co-conspirators who would be tried alongside him. But while the civilian system would handle those cases, he said five other detainees would be prosecuted before a military commission. Those facing a military trial include Abd al-Rahim al-Nashiri, who is accused of planning Al Qaeda’s 2000 bombing of the Navy destroyer Cole in Yemen. All 10 detainees are being held at the military prison at Guantánamo Bay, Cuba. “Today’s announcement marks a significant step forward in our efforts to close Guantánamo and to bring to justice those individuals who have conspired to attack our nation and our interests abroad,” Mr. Holder said. No decision has yet been made about where to hold the military trials, Mr. Holder said. But the administration’s decision to bring five Sept. 11 detainees onto United States soil for prosecution in the civilian legal system drew immediate fire from members of Congress as well as relatives of victims and neighbors of the federal courthouse. They argued that Qaeda suspects did not deserve the protections afforded by the American criminal justice system, that bringing them into the United States would heighten the risk of another terrorist attack, that civilian trials increase the risk of disclosing classified information, and that if the detainees were acquitted they could be released into the population. “We should not be increasing the danger of another terrorist strike against Americans at home and abroad,” said Representative Peter T. King, Republican of New York.

Quote:

Mr. Holder said he was confident that the men would be convicted, and other administration officials said they had ample legal authority to keep classified information secret. They also suggested that they could continue to detain anyone deemed to be a “combatant” under Congress’s authorization to use military force against Al Qaeda. Mr. Mohammed and the other detainees would not be moved right away. Under a recently enacted law, the administration must give Congress 45 days notice before bringing any Guantánamo Bay detainee into the United States. Mr. Holder said the administration would comply with that requirement as it seeks indictments from a grand jury. The decision to prosecute some detainees in civilian court was a major policy shift from the Bush administration, which contended that suspected Al Qaeda members should not be treated like — nor given the rights of — ordinary criminals. It had charged the Sept. 11 defendants before a military commission at Guantánamo, which has a more flexible standard for evidence. Days after his inauguration, President Obama signed orders halting the Bush era military commission trials and instructing officials to shut the prison within a year. But it became clear that closing the facility would be easier said than done, as political and legal pressures made it tough to move terrorism suspects into prisons in the United States, and other countries refused to accept them. In a speech in May, Mr. Obama said that some detainees would be tried in civilian court, but that others could be prosecuted before a modified system of military commissions. Congress recently enacted legislation adding safeguards to the panels. Kenneth Wainstein, an assistant attorney general for national security during the Bush administration, said he took “great comfort” from the Obama administration’s decision to use commissions to handle detainees who cannot be tried in civilian courts for reasons of evidence, security or applicable charges. “They made what I think for them was a difficult policy and political decisions to retain military commissions — to fine-tune them but retain them,” he said, characterizing Mr. Holder’s approach as a “good call.”

Quote:

Civil-liberties and human-rights groups praised the decision to try the detainees in federal court. Anthony Romero, executive director of the American Civil Liberties Union, called the announcement “an enormous victory for the rule of law.” He also announced that the A.C.L.U. and the National Association of Criminal Defense Lawyers would shut down a joint effort to provide defense attorneys for the detainees facing military commissions. They spent about $4 million on the effort, he said. But civil liberties groups expressed disappointment that the Obama administration would continue to use military commissions — even with the modifications. They said they would continue to press for all detainees to receive regular trials or court-martials. The prospect of prosecuting Mr. Mohammed and Mr. Nashiri has been particularly difficult because their defense lawyers are expected to argue that they were illegally tortured by the Central Intelligence Agency during their confinement. Both were subjected to waterboarding, a controlled drowning technique. About 215 detainees remain at Guantánamo, although about 90 have been cleared for release. The task force is continuing to evaluate their cases and Mr. Holder is expected to make more announcements are expected in coming weeks.

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many blessings,
southwind
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The wind blows wherever it pleases. You hear its sound, but you cannot tell where it comes from or where it is going. So it is with everyone born of the Spirit. (John 3:8)