Jim Kouri, CPP
Board Member
National Association of Chiefs of Police         
 (201) 941-5397 or  [email protected]

 

 
<http://www.examiner.com/law-enforcement-in-national/holder-upset-over-decis
ion-on-gitmo-military-trials-for-terrorists> 


 
<http://www.examiner.com/law-enforcement-in-national/holder-upset-over-decis
ion-on-gitmo-military-trials-for-terrorists> Holder upset over decision on
Gitmo military trials for terrorists


The 9/11 co-conspirators will be tried by a military tribunal, and
prosecutors from the...

 

 

 
<http://www.examiner.com/law-enforcement-in-national/holder-upset-over-decis
ion-on-gitmo-military-trials-for-terrorists>
http://www.examiner.com/law-enforcement-in-national/holder-upset-over-decisi
on-on-gitmo-military-trials-for-terrorists

 

 


Holder upset over decision on Gitmo military trials for terrorists


.         April 5th, 2011 6:33 am ET 

 


Jim Kouri <http://www.examiner.com/law-enforcement-in-national/jim-kouri>  


The 9/11 co-conspirators will be tried by a military tribunal, and
prosecutors from the Department of Justice were ordered by a visibly upset
Attorney General Eric Holder to assist the chief prosecutor from the Office
of Military Commissions,

"The fact that the 9-11 accused terrorists will now face military tribunals
is long overdue and despite the Attorney General's flawed logic, it is the
proper venue to try these accused terrorists," said Jordan Sekulow of the
American Center for Law & Justice.  

This means the prosecutions of the alleged conspirators in the September 11,
2001, terrorist attacks in New York City, Washington, D.C, and Pennsylvania
-- Khalid Sheikh Mohammed, Walid Muhammed Salih Mubarak Bin Attash, Ramzi
Bin Al Shibh, Ali Abdul-Aziz Ali and Mustafa Ahmed Al Hawsawi -- will be
referred to military prosecutors at the Guantanamo Bay, Cuba, military
installation and detention center.

Navy Captain John Murphy, chief prosecutor of the OMC, said that in light of
the attorney general's decision, his office intends to swear charges against
the men in the near future. "I intend to recommend the charges be sent to a
military commission for a joint trial," he said in a written statement.

The trials will take place under the Military Commissions Act of 2009, and
the captain stressed that just as in civilian trials, those accused are
presumed innocent until their guilt is proved beyond a reasonable doubt,
according to Jim Garamone of the American Forces Press Service. 

In a decision reversing current policy, Holder blamed Congress for forcing
him to use military tribunals to try the terror suspects -- including
alleged 9-11 mastermind Khalid Sheikh Mohammed -- and said he is reluctantly
agreeing to using military commissions in order to move the judicial process
along.

"What's unimaginable is the fact that the Attorney General still believes
the federal court system is the proper venue to try accused terrorists and
is blaming Congress for getting involved," said Jordan Sekulow, Attorney and
Director of International Operations of the ACLJ.  

"It's clear that many members of Congress and most Americans understand the
truth -- President Obama's judicial strategy to place these terror suspects
in civilian courts is seriously flawed.  We have heard from more than
100,000 Americans who called for these trials to take place in military
tribunals -- clearly the proper venue for justice," said Sekulow.

The suspected terrorists will be tried at the Expeditionary Legal Complex at
Guantanamo Naval Station in Cuba, a facility designed for just such a
proceeding.

Attorney General Eric Holder said that he believes the trials could have
been held in New York or Virginia, but that Congress imposed restrictions on
where the trial could be held, taking the decision from his hands. However,
a clear majority of Americans and counterterrorism experts including former
prosecutors who have tried terrorism cases believe that military commissions
are preferable for trying the five 9-11 suspects.  

"Those restrictions are unlikely to be repealed in the immediate future,"
the attorney general said. "We simply cannot allow a trial to be delayed any
longer for the victims of the 9/11 attacks or for their family members who
have waited for nearly a decade for justice. I have talked to these family
members on many occasions over the last two years. Like many Americans, they
differ on where the 9/11 conspirators should be prosecuted, but there is one
thing on which they all agree: We must bring the conspirators to justice."

If charges are sworn, the convening authority -- retired Navy Vice Admiral
Bruce MacDonald -- will conduct a thorough review of the evidence supporting
the charges, Defense Department officials said. It is MacDonald's
responsibility to make an independent determination as to the appropriate
disposition of the charges. If he determines the evidence supports the
charges and that referral to a military commission is appropriate, he would
refer the charges.

At that point, a military judge would be detailed by the chief trial judge
for military commissions, and the accused would be arraigned within 30 days
of the referral.

DOD is committed to conducting military commissions that are fair, credible
and transparent, while simultaneously protecting U.S. national security,
Pentagon officials said.

 



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