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White House revives military commission option for 9/11 trials: reports

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] White House advisers are considering recommending that accused 9/11 co-conspirator Khalid Sheikh Mohammed be tried in a military court rather than through the civilian criminal justice system, according to Friday reports. The Washington Post reported that Obama's legal advisers are finishing their review of the Mohammed file, and CNN confirmed that a military tribunal is still an option. Authorities have been unable to decide where to try Mohammed, with many Republicans and New York City Mayor Michael Bloomberg opposed to holding the trial in a civilian court in Manhattan. Many groups also oppose trying the suspects in military tribunals, with the American Civil Liberties Union (ACLU) saying that despite recent improvements: the military commissions system is incapable of handling complicated terrorism cases and achieving reliable results. President Obama must not cave in to political pressure and fear-mongering. He should hold firm and keep these prosecutions in federal court, where they belong.While no official recommendation has been given to Obama, administration officials hope a decision will be made by March 18. Just last month, US Attorney General Eric Holder praised the role of the civilian criminal justice system in obtaining a guilty plea from suspected terrorist Najibullah Zazi. Holder also said last month that he is flexible on whether Mohammed will be tried in a military commission or the civilian criminal system. The possibility of a civilian trial, first announced in November, has received backlash from both New York City officials and members of Congress, including some who support closing Guantanamo Bay.

Full post as published by JURIST - The Paper Chase on March 05, 2010 (boomark / email).