Legal News

Holder: Trying KSM in Civilian Court Still on the Table

By Ashby Jones

Seriously, now. Where is KSM going to be tried, anyway?

When last we checked in on the situation (here), it appeared that Attorney General Eric Holder was leaning away from his original statement that the alleged mastermind of the 9/11 attacks would be tried in Manhattan federal court.

Okay, we figured, suspecting we’d also hear soon on the nitty gritty of this. But we didn’t. We waited, and nothing came from the Justice Department. Then we waited some more.

And now comes this: that Holder hasn’t entirely ruled out trying KSM or other accused terrorists in civilian federal court. Holder and Sen. Jeff Sessions (R, Ala.), the ranking Republican on the Senate Judiciary had this exchange during a hearing earlier Wednesday.

Sessions: You had a commission, you co-chaired the commission, to decide what to do, and you concluded that even those who'd already been arrested and already been detained at Guantánamo, there would be a presumption that they would be tried in civilian court, and not by military commission. Has that been changed?

Holder: That has not been changed.

Click here and here for stories from the National Law Journal and Main Justice, respectively.

According to Main Justice, Holder told members of the Senate Judiciary Committee that the administration had not yet reached a final decision on where KSM would be tried. Holder said he expects a decision on the trial location in "a number of weeks," and emphasized that the DOJ would use "every tool available to fight terrorism,” wrote Main Justice’s Andrew Ramonas.

"As I've said from the outset, this is a close call," Holder said. "It should be clear to everyone by now that there are many legal, national security and practical factors to be considered here. As a consequence, there are many perspectives on what the most appropriate and effective forum is."

Sessions reiterated his point that KSM should not be tried in a civilian court and said he has grown concerned by Holder's handling of terrorism suspects.

"As you know, I supported your nomination but your actions have shaken my confidence in your leadership at the Justice Department," Sessions said.

Photo: AP

Full post as published by Law Blog - WSJ.com on April 14, 2010 (boomark / email).