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Holder not ruling out civilian trials for 9/11 suspects

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

[JURIST] US Attorney General Eric Holder said Wednesday that the government has not ruled out prosecuting certain high-profile terror suspects in civilian court in New York City. During a hearing on oversight of the US Department of Justice (DOJ), Holder told the Senate Judiciary Committee that the government is still considering trying several high-level terror suspects, including alleged 9/11 conspirator Khalid Sheikh Mohammad, in the US District Court for the Southern District of New York. Admitting that finding a proper venue for civilian trials outside the Southern District of New York could pose difficulties, Holder said he had compiled a list of other possibly appropriate venues. Holder said he has taken safety and logistical concerns under advisement and that the DOJ will be ready to decide where to try the suspects "in a number of weeks." Holder also reiterated the Obama administration's goal to close down the detention facility at Guantanamo Bay as quickly as possible. He said that the facility could not be closed until funds have been secured to purchase an alternate site in Illinois to which the remaining detainees will be transferred. The American Civil Liberties Union (ACLU) praised the administration for its insistence on trying the suspects in civilian courts, but criticized Holder for saying the government will continue to hold particularly dangerous detainees without charges. Late last month, US Defense Secretary Robert Gates appointed retired Navy Vice Adm. Bruce MacDonald as the convening authority for military commissions, leading to speculation that the Obama administration was planning to try the 9/11 conspirators in a military trial. Last month, Holder defended his decision to try the suspected terrorists in civilian court. The ACLU expressed support for Holder's decision. Earlier in March, the ACLU released a full-page advertisement in the New York Times urging President Barack Obama to uphold his pledge to try 9/11 suspects in civilian criminal court. That release came just days after reports that White House advisers were considering recommending that Mohammed be tried in a military court rather than through the civilian criminal justice system. Holder announced that the alleged conspirators would face civilian criminal trials rather than military tribunals late last year.

Full post as published by JURIST - The Paper Chase on April 15, 2010 (boomark / email).