Litigation

Retired Judge: DC Suited for Terror Trial

By Peter Hardin

A  retired federal judge from Washington, D.C., urges unequivocally that the nation’s capital be considered for the trial of accused 9/11 mastermind Khalid Shaikh Mohammed.

“I submit that the U.S. District Court for the District of Columbia is the most appropriate alternative forum for this trial. KSM’s crimes were committed against the entire nation, and it is fitting that the nation’s capital should host his trial,” retired Judge Thomas Penfield Jackson (photo at right) writes in the Washington Post.

Jackson dives into the debate over trying Mohammed and co-defendants in civilian court versus before military tribunals. He argues that Mohammed’s “crimes were civil, not military.” He says the court has experienced judges skilled at administering justice in an age of terrorism:

“It is no disparagement of the military officers who might constitute a military commission assigned to try KSM to say that they have neither comparable experience nor stature in the eyes of the world.”

Jackson discusses his experience with Washington juries and asserts, “There is virtually no possibility of an acquittal or even a hung jury.” Mohammed’s trial was planned for New York City, but key local officials have resisted it. Jackson concludes emphatically:

“A public trial in a civilian federal criminal court would demonstrate to the world, once again, that the United States, applying its well-respected standards for fairness, can convict terrorists as the common criminals they are. There is no more appropriate forum than the D.C. federal district court.”

These other developments on detainee issues also were reported:

• Attorney General Eric Holder and Defense Secretary Robert Gates asked Congress not to set restrictions on how to prosecute terrorism suspects, according to the Washington Post.
• Sen. Lindsey Graham, R-Ga., and the White House have been talking about closing the military prison at Guantanamo Bay, and The Hill reported this has upset some Republicans who don’t want any detainees transferred to the United States.

To learn more, see Gavel Grab.

Full post as published by The Gavel on February 26, 2010 (boomark / email).