Legal News

Despite Criticism, Holder Pushing On With Plans for KSM Trial

By Ashby Jones

Was it the right decision by the Eric Holder DOJ to try Khalid Sheik Mohammed, the alleged mastermind behind the 9/11 attacks, and his alleged associates, in a New York civilian court rather than a military tribunal?

We know, we know. It’s not a new question. We’ve spilled gazillions of pixels on this ever since Holder’s decision. (Click here for all previous posts.) But so long as the reactions continue coming in from high level sorts like former AG Michael Mukasey, we’ll keep writing.

Today’s response comes to us from former veep Dick Cheney, who ripped the decision in a recent television interview. Appearing on Fox News, Cheney said the decision was a “huge mistake.” Click here for the story, from

Cheney said the trial would allow Mohammed an opportunity to “generate a whole new generation of terrorists,” he said, and make him “a hero in certain circles, especially in the radical regions of Islam around the world.” (Cheney also reiterated his previous assertion that he thinks President Obama is a “more radical” Democrat than he first appeared to be.)

In any event, Holder’s showing no signs of pulling the plug on his plan. He made an unannounced visit on Wednesday to federal prosecutors and law enforcement officials in New York in order to go over plans for the trial. Click here for the NYT story.

Specifically, according to the NYT, Holder went to the Metropolitan Correctional Center, the United States attorney's office and the adjacent federal court in Lower Manhattan, where the whole gang will be tried. Holder met with security officials, including Raymond W. Kelly, the city's police commissioner “to discuss coordination, cooperation and security for the potential upcoming trials of the 9/11 terrorists,” Special Agent Richard Kolko, an F.B.I. spokesman in New York, told the NYT.

The security detail on the KSM trial is going to be intense, to say the least. The Times reports that while there will be the usual physical security elements, “including roadway checkpoints, patrol officers in the streets and snipers on rooftops,” there will be other more discreet elements, too: “plainclothes officers mingling with crowds. Protection for the prosecutors, witnesses and the judge will also be factored in, officials said.”

The entire operation will be similar to the deployment for a New Year's Eve celebration, the difference this time is it will have to be sustained over months or more, officials said.

"He was in New York to meet with the prosecution team working on the 9/11 case," Matthew Miller, a spokesman for Holder, said after the meetings. "There is broad agreement that we can safely and securely hold these trials."

Photo: AP

Full post as published by Law Blog - WSJ.com on December 10, 2009 (boomark / email).