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New York trials for 9/11 suspects raise safety fears

 

U.S. Attorney General Eric Holder announces that the self-described mastermind of the 9/11 attacks, Khalid Shaikh Mohammad, and four other Guantanamo detainees accused in the plot will be tried in federal court in New York.
U.S. Attorney General Eric Holder announces that the self-described mastermind of the 9/11 attacks, Khalid Shaikh Mohammad, and four other Guantanamo detainees accused in the plot will be tried in federal court in New York.
Olivier Douliery / Olivier Douliery/Abaca Press/MCT

GGgordon@McClatchyDC.com

Attorney General Eric Holder's decision to prosecute confessed 9/11 mastermind Khalid Sheik Mohammed and four alleged underlings in civilian courts ignited a debate Friday about whether the trial would invite new attacks on New York and if the proceeding would be stymied by legal wrangling over the defendants' rights.

In deciding to proceed with the first U.S. criminal prosecution of those directly involved in the terrorist attacks eight years ago, Holder expressed his complete confidence in a successful outcome. He also said he intends to ask for the death penalty.

Congressional Republicans, however, charged that forgoing military commissions in favor of a trial, within blocks of the site where hijacked planes leveled the World Trade Center, will risk the release of some of the world's most dangerous men. Republican Sen. John Cornyn of Texas warned that "bringing these dangerous individuals onto U.S. soil needlessly compromises the safety of all Americans."

Other critics said that the trial could be bogged down by issues of mental competency, especially for detainees who were kept in isolation for years and in some cases subjected to brutal interrogation techniques, including waterboarding.

Holder said that it was his job to set aside politics, follow the law and "do what's best" for the country.

Americans, especially family members of the nearly 3,000 people who were killed on Sept. 11, 2001, "deserve the opportunity to see the alleged plotters of those attacks held accountable in court, an opportunity that has been too long delayed," he said.

Holder was confident that federal authorities could protect New York, which he described as a "hardened system" after many successful terrorism prosecutions.

Administration officials described the decision as a "significant step" toward fulfilling President Barack Obama's campaign promise to close the detention center at the U.S. naval base in Guantánamo Bay, Cuba, though Holder said he doubted they'd meet a Jan. 22 deadline.

"To the extent that there are political consequences, I'll just have to take my lumps," Holder said. ". . . I think the criticism will be relatively muted."

Neither of the previous two attorneys general were mute Friday.

Michael Mukasey, Holder's predecessor and a former federal judge in the same court where the men will be tried, called the decision "unwise" and said that the trials will amount to a "social experiment." He told a national convention of the conservative Federalist Society that evidence against the men, including classified intelligence, wasn't gathered with the intent to prosecute them at a highly public federal court trial.

Alberto Gonzales, the Bush administration's point man in its controversial policies toward the detention and treatment of terrorism suspects, said on CNN that Holder's approach raises "a host of legal questions."

"What happens if someone like this is acquitted?" he asked.

However, Human Rights Watch hailed the decision "a victory for justice," while warning that the trial proceedings must be "perceived as fair" to protect America's reputation.

Holder's action culminated a lengthy behind-the-scenes debate among the Pentagon, the Justice Department and the White House over how to handle the most dangerous detainees. Holder called it his most difficult decision since taking office.

McClatchy Newspapers 2009

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