9-11 suspects to be tried in federal court (Roundup)

By Mike McCarthy Nov 13, 2009, 16:32 GMT

Washington - Khalid Sheikh Mohammed, the admitted mastermind of the September 11, 2001 attacks, and four other suspects will be tried in a federal court in New York, the Justice Department announced Friday.

The decision is a key part of the Obama administration's plans to close the controversial Guantanamo Bay detention centre in Cuba by January 22, although officials have acknowledged it's unlikely that deadline will be met.

The five men were originally charged under the Guantanamo military commissions established under George W Bush. President Barack Obama put those proceedings on hold after taking office as he launched a comprehensive review on options for shuttering Guantanamo.

Attorney General Eric Holder told reporters that he will direct prosecutors to seek the death penalty against all of the September 11 defendants. The proceedings will take place in a federal courthouse in Manhattan just blocks away from the World Trade Center, which was destroyed when two hijacked planes slammed into the twin towers.

One other plane struck the Pentagon and a fourth crashed in a field in Pennsylvania. The attacks killed 2,973 people.

'After eight years of delay, those allegedly responsible for the attacks on September 11 will finally face justice,' Holder said, assuring that the defendants will receive fair trials.

Overseas in Japan, Obama said the decision to shift the trial to New York was based on how best to prosecute the five individuals.

'I am absolutely convinced that Khalid Sheikh Mohammed will be subject to the most exacting demands of justice,' he said. 'The American people will insist on it and my administration will insist on it.'

The other alleged 9-11 plotters are Waleed bin Attash, Ramzi Binalshibh, Mustafa Ahmad al-Hawsawi and Ali Abd al-Aziz Ali.

Holder also announced that five other Guantanamo detainees will be tried in revised versions of the military commissions. Among them is Abd al-Rahim al-Nashiri, a major suspect in the October 2000 bombing of the USS Cole in a Yemeni port that killed 17 US sailors.

The announcement came ahead of a Monday deadline for deciding how to proceed against the 10 individuals. Holder said a decision has not been made on where the military trials will take place.

In determining the venue for prosecution, the Justice Department distinguished between the location of the attacks and the targets, Holder said. The five other detainees were allegedly involved in attacks against the military abroad. Additional announcements in other cases will be made in the near future, he added.

'It is important that we be able to use every forum possible to hold terrorists accountable for their actions,' Holder said.

By bringing Mohammed and the other co-conspirators to trial in federal courts, the Obama administration has granted them greater rights to defend themselves. But it also brings some potential headaches for Obama and the federal court system.

Judges will have to determine how to handle evidence acquired under questionable counter-terrorism techniques employed after the September 11 attacks, including harsh interrogations and possible torture of suspects. The Justice Department has acknowledged that Mohammed was waterboarded 183 times while in captivity.

It could also pose political problems for Obama, who has faced congressional resistance to transferring any of the detainees to US soil.

Holder said the Justice Department will comply with congressional legislation that requires a 45-day notice before any Guantanamo detainees can be brought into the United States. He added that the transfers will not be made until security conditions are established.

While civil rights advocates welcomed the decision in the case of the September 11 suspects, they criticized Obama for keeping the military commissions as a viable option.

'It would have been an enormous blow to American values if we had tried these defendants in a process riddled with legal problems,' Anthony Romero, the director of the American Civil Liberties Union, said. 'However, it's disappointing that the administration has chosen to prosecute some Guantanamo detainees in the unsalvageable military commissions system.'

The announcement came as the top White House lawyer resigned. Greg Craig will leave his post in January. The White House offered no reason for his resignation, but Craig has reportedly faced criticism for his handling of Guantanamo.