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9/11 Detainees Indicted Under Seal in 2009

Here are Attorney General Eric Holder's remarks today explaining the Administration's decision to try Khalid Sheikh Mohammed and the other 9/11 detainees before a military tribunal rather than in a federal criminal court.

[W]e must face a simple truth: those restrictions are unlikely to be repealed in the immediate future.

Holder said the five detainees, Khalid Sheikh Mohammed, Walid Muhammad Bin Attash, Ramzi Bin Al Shibh, Ali Abdul-Aziz Ali, and Mustafa Ahmed Al Hawsaw, were indicted in the Southern District of New York in December, 2009, but he has now instructed prosecutors to dismiss the sealed indictment and turned the cases over to the Department of Defense. Today, a federal judge in New York granted the motion and unsealed the Indictment. [More...]

The 10-count, 80-page indictment charged each of the defendants with conspiracy to commit acts of terrorism transcending national boundaries; acts of terrorism transcending national boundaries; conspiracy to commit violent acts and destroy aircraft; violence on and destruction of aircraft; conspiracy to commit aircraft piracy; aircraft piracy; murder of U.S. officers and employees; destruction of property by means of fire and explosives; and conspiracy to kill Americans.

The federal indictment specifically alleged that Khalid Sheikh Mohammed, who was closely associated with Usama Bin Laden and, who in 1999 proposed to Bin Laden a terror plot that would use airplanes as missiles to crash into buildings, served as the operational leader of the Sept. 11, 2001 plot. Walid Bin Attash participated in the plot, by among other things collecting information on matters related to airport and airplane security measures, according to the indictment.

Ramzi Bin Al-Shibh, according to the indictment, tried to become one of the pilot hijackers, but repeatedly failed to obtain a visa for entry into the United States and instead managed the plot by among other things sending money to hijackers in the United States from abroad. Ali Abdul Aziz Ali allegedly facilitated the plot by among other things sending money to hijackers in the United States from abroad. Mustafa Al-Hawsawi allegedly facilitated the plot by among other things helping hijackers travel to the United States and facilitating their efforts upon arrival.

More from Holder:

.... “Unfortunately, Members of Congress have intervened and imposed restrictions blocking the administration from bringing any Guantanamo detainees to trial in the United States. While we will continue to seek to repeal those restrictions, we cannot allow a trial to be further delayed for the victims of the 9/11 attacks or their families. I have full faith and confidence in the reformed military commission system to appropriately handle this case as it proceeds.”

The "reforms" are mostly cosmetic. ACLU Executive Director Anthony Romero says:

The military commissions system is condemned throughout the world because it is rife with constitutional and procedural problems, and trying the 9/11 cases in this broken system undermines fundamental American values that have made us a model throughout the world for centuries.

.... The attorney general’s flip-flop is devastating for the rule of law.... He made the right call when he decided to try the 9/11 defendants in federal criminal court, and his decision to back away from that initial decision raises serious questions about a politicized Justice Department that takes it cues from the West Wing.”

Obama is getting plenty of criticism from the right as well as the left:

“It’s unfortunate that it took the Obama administration more than two years to figure out what the majority of Americans already know: that 9-11 conspirator Khalid Sheikh Mohammed is not a common criminal, he’s a war criminal,” said Representative Lamar Smith, the Texas Republican who is chairman of the House Judiciary Committee.

His failure to stick to his promise will hurt him in 2012. The right will call him a flip-flopper and the left will label him weak for caving into Congress and abandoning his principles and campaign promises.

< DOJ to Announce Khalid Sheikh Mohammed to Be Tried By Military Commission | Tuesday Open Thread >
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  • Display: Sort:
    What principles? (5.00 / 1) (#2)
    by Anne on Mon Apr 04, 2011 at 06:58:05 PM EST
    If you mean the Principles of Whatever is Best For Barack Obama, yeah - he's got those, big-time; not sure there's anything else he has any real commitment to.

    And his governance reflects that.

    You know, (5.00 / 0) (#5)
    by lentinel on Mon Apr 04, 2011 at 08:31:05 PM EST
    I don't even detect a passion for self-interest in Obama.

    He truly seems like an empty vessel to me.
    A shell.

    I see him going to his room at night and going into the closet and then someone turns off his switch, the eyes go blank, and he is placed against the wall of the closet until the next morning when he is switched on again, his directives are uploaded into his memory and he walks out to waiting reporters, says what he has been programmed to say, walks around awhile, and then goes back into the closet.

    Parent

    Then that's one campaign statement he (5.00 / 2) (#8)
    by oculus on Mon Apr 04, 2011 at 09:07:26 PM EST
    truthfully fulfilling:  I am an empty vessel.  

    Parent
    Like I said in the other thread (5.00 / 0) (#3)
    by lilburro on Mon Apr 04, 2011 at 07:07:59 PM EST
    weren't the restrictions that were attached to the spending bill only applicable for 9 months?  I find the sudden urgency to be a bit...manufactured.

    Had the same reaction when I read the (none / 0) (#16)
    by ruffian on Tue Apr 05, 2011 at 08:03:22 AM EST
    part of the statement where he says the trials must get underway now for the sake of the victims' families. I'm sorry, that is the worst reason I have heard yet.

    Parent
    My other thought was that someone (5.00 / 0) (#17)
    by Anne on Tue Apr 05, 2011 at 08:36:43 AM EST
    started making noises about the impending 10th anniversary of 9/11, and the political points to be scored by getting a military commission done and convictions in by then.

    Holder sounded very principled in his statement, and Lord knows there is a dearth of anyone with any principles to speak of inside the Beltway, but if he's essentially been hamstrung by the combination of a Congress that has usurped executive branch decisions, and a president who either lacks the ability to lead or never believed in the promises he made, his principles are essentially meaningless and he's just a tool of the WH, in much the same way Alberto Gonzales was.

    Parent

    Bingo (none / 0) (#18)
    by ruffian on Tue Apr 05, 2011 at 09:53:04 AM EST
    Agreed... (none / 0) (#20)
    by ScottW714 on Tue Apr 05, 2011 at 03:09:00 PM EST
    Expect verdicts before September.

    Or possibly the Bush in Obama will miraculously get verdicts on..... September 9th or 10th (weekend) and a 'Mission Accomplished' style speech about American values and justice. cue applaud signs and world's largest 9/11 banner

    If only there was an election this year, we could see gratuitous grand standing taken to levels that would make Goebbels roll over in his grave out of pure jealousy.
    _________

    And to comment to your comment, these people acting so principled, yet so totally powerless to do anything about it, one would have a hard time believing they are the POTUS and his AG.

    I would just prefer they put-up or shut-up because the the excuse threshold has been stretched to limits beyond physics.

    They keep acting like they didn't control Congress for two years and that they can't do the right thing because of those pesky republicans.

    Parent

    Didn't Mean to Bold Type Above (none / 0) (#21)
    by ScottW714 on Tue Apr 05, 2011 at 03:10:27 PM EST
    Unity (5.00 / 0) (#4)
    by lentinel on Mon Apr 04, 2011 at 08:23:09 PM EST
    (Obama's) failure to stick to his promise will hurt him in 2012. The right will call him a flip-flopper and the left will label him weak for caving into Congress and abandoning his principles and campaign promises.

    The right will be correct and the left will be right.

    Well (5.00 / 0) (#6)
    by Ga6thDem on Mon Apr 04, 2011 at 08:39:01 PM EST
    this post shows exactly what happens when you have no core values. An empty suit who promises everything and delivers very little makes no one happy. Obama's strategy has been the most mind boggling stupid thing I think I've ever seen. Trash the people who worked for you while begging for the approval of those that hate you and will never vote for you.

    Also (5.00 / 0) (#11)
    by Left of the Left on Mon Apr 04, 2011 at 09:17:02 PM EST
    This shows what happens when you have no reason to fear your base.

    Parent
    Remember how strongly Holder (5.00 / 1) (#7)
    by andgarden on Mon Apr 04, 2011 at 09:02:39 PM EST
    defended statside trials previously? I assume this is a bitter pill for him to swallow too.

    Obama chose not to fight this battle. It joins a long list.

    If Holder believed that strongly, (5.00 / 1) (#15)
    by Anne on Tue Apr 05, 2011 at 06:54:48 AM EST
    he should be resigning over this.

    From the statement:

    As I said then, the decision between federal courts and military commissions was not an easy one to make. I began my review of this case with an open mind and with just one goal: to look at the facts, look at the law, and choose the venue where we could achieve swift and sure justice most effectively for the victims of those horrendous attacks and their family members. After consulting with prosecutors from both the Department of Justice and Department of Defense and after thoroughly studying the case, it became clear to me that the best venue for prosecution was in federal court. I stand by that decision today.

    As the indictment unsealed today reveals, we were prepared to bring a powerful case against Khalid Sheikh Mohammed and his four co-conspirators - one of the most well-researched and documented cases I have ever seen in my decades of experience as a prosecutor. We had carefully evaluated the evidence and concluded that we could prove the defendants' guilt while adhering to the bedrock traditions and values of our laws. We had consulted extensively with the intelligence community and developed detailed plans for handling classified evidence. Had this case proceeded in Manhattan or in an alternative venue in the United States, as I seriously explored in the past year, I am confident that our justice system would have performed with the same distinction that has been its hallmark for over two hundred years.

    Unfortunately, since I made that decision, Members of Congress have intervened and imposed restrictions blocking the administration from bringing any Guantanamo detainees to trial in the United States, regardless of the venue. As the President has said, those unwise and unwarranted restrictions undermine our counterterrorism efforts and could harm our national security. Decisions about who, where and how to prosecute have always been - and must remain - the responsibility of the executive branch. Members of Congress simply do not have access to the evidence and other information necessary to make prosecution judgments. Yet they have taken one of the nation's most tested counterterrorism tools off the table and tied our hands in a way that could have serious ramifications. We will continue to seek to repeal those restrictions.

    There was no leadership on the part of the president, just more words.

    I really question how much influence Holder can have when he couldn't even get his president to provide support for and leadership on the position he believed to be right.

    I think the entire statement is fairly damning of both Congress and - reading between the lines - the president.

    Parent

    Bill of Attainder? (none / 0) (#26)
    by beowulf on Fri Apr 08, 2011 at 12:25:39 PM EST
    "Members of Congress have intervened and imposed restrictions blocking the administration from bringing any Guantanamo detainees to trial in the United States, regardless of the venue."

    Within the U.S. Constitution, the clauses forbidding attainder laws serve two purposes. First, they reinforced the separation of powers, by forbidding the legislature to perform judicial functions--since the outcome of any such acts of legislature would of necessity take the form of a bill of attainder. Second, they embody the concept of due process, which was later reinforced by the Fifth Amendment to the Constitution. The text of the Constitution, Article I, Section 9; Clause 3 is "No Bill of Attainder or ex post facto Law shall be passed".
    http://en.wikipedia.org/wiki/Bill_of_attainder#American_usage

    Parent

    Perhaps Holder will resign to spend more (none / 0) (#9)
    by oculus on Mon Apr 04, 2011 at 09:10:24 PM EST
    time w/his family.  

    Parent
    Don't count on it (none / 0) (#12)
    by Zorba on Mon Apr 04, 2011 at 09:24:32 PM EST
    He'll only resign if he really thinks that the Obama ship is sinking.   ;-)

    Parent
    Call it the Titanic (5.00 / 0) (#22)
    by ScottW714 on Tue Apr 05, 2011 at 03:23:14 PM EST
    They think they hit an iceberg, damaging their vessel, not realizing their actual fate.

    Here is a site called Talk Left, and looking at the posts, I can't help but think he is losing the left rapidly.

    It's gonna take a Sarah Palin to get me to vote, if the right tosses out someone half way normal like Romney or Pawlenty, I'm staying home.  What are they going to do, keep Gitmo open, have secret military tribunals, give the rich tax breaks, slash social programs, intervene in Libya, eventually Syria, and with any luck, Iran ?

    Parent

    Way too much influence in that position (none / 0) (#14)
    by andgarden on Mon Apr 04, 2011 at 09:25:32 PM EST
    to resign over something that's already too late to fix.

    Parent
    Boy (5.00 / 0) (#10)
    by Left of the Left on Mon Apr 04, 2011 at 09:14:01 PM EST
    It's so great he's not being primaried. Imagine everything we have to look forward to.

    Four more years!
    Four more years!

    Please (none / 0) (#13)
    by Zorba on Mon Apr 04, 2011 at 09:25:12 PM EST
    Don't remind me.  :-(

    Parent
    Seems like (none / 0) (#1)
    by Zorba on Mon Apr 04, 2011 at 06:53:30 PM EST
    good old true Constitutional American justice in action to me.  Oh, wait, no it doesn't.   :-(

    Michael Daly... (none / 0) (#19)
    by kdog on Tue Apr 05, 2011 at 01:25:23 PM EST
    hits another home run in the NYDN...We are ch*ckensh*t cowards.

    Daly has filled the local editorial void left by Jimmy Breslin quite nicely...really coming into his own.  Keep droppin' that science Mike! Spot on!

    More Like a Grand Slam (none / 0) (#23)
    by ScottW714 on Tue Apr 05, 2011 at 03:49:19 PM EST
    Money Quotes:

    Fireman who died trying to save people in reply to someone telling him he should leave the building:
    "Are you nuts?, We've got a job to do!"

    Daly pseudo-quoting Obama & Holder:
    "What are you nuts?,We've got jobs to keep!"

    Parent

    Would be a better analogy (none / 0) (#24)
    by Socraticsilence on Tue Apr 05, 2011 at 08:49:49 PM EST
    if the vast, vast majority of survivors and the people who directly represent them in government (Schumer, Gillebrand, King, etc) weren't the leaders of the hissy fit brigade which cut off any funds for a trial-- between that and Gitmo I don't think there's an elected Dem who didn't sell out there supposed rhetoric and isolate the President-- heck, even Russ "civil liberties are important as long as I don't have to do anything but talk" Feingold sold out his rhetoric so face I'm suprised his head didn't spin.

    Parent
    That Dems are chickensh*ts (none / 0) (#25)
    by lilburro on Tue Apr 05, 2011 at 09:32:32 PM EST
    is an argument I can consider, certainly.  But I haven't seen any evidence that this ban on funding extends beyond 9 months, or is permanent in any way.  So the question still remains, why now?  I just don't think it was unavoidable.

    Parent