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Holder defends plan to try 9/11 suspects in civilian criminal courts

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

[JURIST] US Attorney General Eric Holder on Tuesday defended his intention to try suspected terrorists, including accused 9/11 conspirator Khalid Sheikh Mohammed in civilian criminal court. Holder faced numerous questions on the issue while testifying before a House Appropriations subcommittee, repeatedly defending the decision to use federal courts, as opposed to military commissions. Holder drew distinctions between individuals to be tried in each venue based on the target of the terrorist act, the evidentiary rules available in each forum, and the national security considerations stemming from each method. Holder then defended the competency of judges in civilian courts in dealing with disruptive defendants, who would attempt to use their trial as a podium for their views. In discussing the possible safety of communities where the trials may be held, Holder said, "ook at history, look at the way in which these cases have been conducted safely, without incident to communities and neighborhoods that surround the courthouses where these cases have been held," specifically citing the trial of Zacarias Moussaoui. In terms of a timeline for when the final decision on the venue for these trials might be made, Holder indicated that a decision is still "weeks away." The American Civil Liberties Union (ACLU), a group that has been persistent in its advocacy of civilian trials for 9/11 suspects, expressed support for Holder's decision. Earlier this month, 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 are considering recommending that Mohammed be tried in a military court rather than through the civilian criminal justice system. Holder announced in November that Mohammed would be tried in a civilian court in Manhattan, drawing intense criticism. Holder has previously defended his decision to charge suspected terrorist Umar Farouk Abdulmutallab, the so-called Christmas Day bomber, in US federal court.

Full post as published by JURIST - The Paper Chase on March 17, 2010 (boomark / email).