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Holder: We Will Seek The Death Penalty For 9/11 Suspects

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Attorney General Eric Holder

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In a press conference this morning, Attorney General Eric Holder said he will seek the death penalty against five suspects in the Sept. 11, 2001, terrorist attacks, including self-proclaimed mastermind Khalid Sheikh Mohammed, when they are tried in civilian court in New York City.

Holder said another five terrorist suspects, including those allegedly involved in the bombing of the USS Cole, will be referred to the Department of Defense. All 10 are currently being held in Guantanamo Bay.

He said he is confident the trials will result in conviction.

"I would not have authorized prosecution if I was not confident our outcome would be a successful one," he told reporters.

He did not announce the specific charges against the five suspects.

He said the 9/11 suspects will only be brought to New York after all legal obligations have been fulfilled, including a required 45-day notice and report to Congress. He said he has met with Gov. David Paterson and Mayor Michael Bloomberg to discuss security and other issues.

Holder dismissed concerns that holding the trials in New York will make the city more of a target for future attacks.

"New York has a long history of trying these kind of cases. New York has a hardened system," he said. "I don't think that criticism is factually based."

He also dismissed criticisms that this move would, in effect, bring the alleged perpetrators back to the scene of the crime.

Trying suspects near the location of a crime is "something that typically happens in criminal law," Holder responded. "It's a fundamental tenet of jurisprudence."

As to the families of those killed in terrorist attacks, Holder said, "Nothing can bring back those loved ones. But they deserve to see the alleged perpetrators of those attacks held accountable in open court."

He also took a question on White House Counsel Greg Craig, who today announced his resignation. Craig was in charge of closing Guantanamo Bay.

Holder said Craig is a "great lawyer" and a "great friend," and an "unfair proportion" of the blame for the administration's troubles in closing Gitmo has been laid on Craig's shoulders.

Holder said he expects much of the trial to be "open to the public, open to the world," but said some parts are likely to be closed.

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November 13, 2009 12:06 PM   

I guess waterboarding KSM 183 times in one month simply wasn't enough. So now Alberto Holder will seek the death penalty. I wonder what sort of "justice" will be meted out to those patriotic CIA agents who kidnapped and tortured KSM's sons (who were ages 7 and 9 at the time of their "rendition")? A Presidential Medal of Freedom, I suspect.

Cue Lee Greenwood.

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November 13, 2009 12:27 PM    in reply to tiowally

While waterboarding is not something I approve of, seeking the death penalty is A-OK in my book.

Do you want these 9/11 guys alive? I sure don't.

This will be done via the Judicial Process, not by a CIA Contractor, so whats wrong? If the DC Sniper can get it, these guys can too.

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November 13, 2009 12:52 PM    in reply to fsudirectory

Do [I] want these 9/11 guys alive? Yes, I do.

I want them sitting in very small cells for the rest of their lives. Unfortunately the worst of the culprits are either giving motivational speeches for $100,000 a pop or spewing their vile sputum to like-minded evil morons at the American Enterprise Institute. Or opening consulting firms, or teaching at UC Berkeley, or ....

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November 13, 2009 1:32 PM    in reply to tiowally

IMO, there were definitely some major lawbreakers in the Bush admin, and they're wrongly being let off the hook in an effort to "move on", but are you saying they were worse than the 9/11 terrorists?

I think you sort of had a legitimate point about the death penalty in general, but it's completely buried by your overheated rhetoric.

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November 13, 2009 1:42 PM    in reply to obamaman

Yes. The war criminals in the Bush administration are worse than the 9/11 crew. Disregarding how the Bush Crime Family has permanently trashed the U.S., the sheer number of innocent people murdered by those bastards pales in comparison. In fact, there is no comparison. And the carnage continues to this day.

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November 13, 2009 12:25 PM   

"I would not have authorized prosecution if I was not confident our outcome would be a successful one," he told reporters.

---

So the main reason he authorized those trials is because he already knows that those defendants will be convicted and executed, before the trial begins?

Greenwald is right (as usual), there are problems with this logic:

http://www.salon.com/news/opinion/glenn_greenwald/2009/11/13/guantanamo/index.html

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November 13, 2009 1:28 PM    in reply to Why oh why

nice strawman there. He said, like most prosecutors do, that he was confident they would be found guilty. I don't know many prosecutors who go to trial who aren't confident in that way.
That's why you don't hear many say "well, we're unsure of the outcome, or the strength of our case, but we're gonna roll the dice with taxpayer money anyway, not to mention wasting the court's time."

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November 13, 2009 12:30 PM   

My one and only sentiment is this: This should have happened the day
they were all captured.

The unfortunate result of this is that for all the torture, for all the hemming and hawing over whether to try them or not is that this trial has the legacy of the Bush administrations inaction hanging over it.

Regardless of the outcome of this trial, this is just another legacy from the past administration we're all dealing with.

Bush left us holding the bag...and for me...lets just get this over with, and be done with it.

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November 13, 2009 1:34 PM    in reply to sheerahkahn

agreed

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November 13, 2009 1:40 PM    in reply to obamaman

p.s. I think some folks here just want to jump right to equating Obama and Bush on this, when Obama is just dealing with the thankless task of trying to clean up the mess, close Gitmo, end torture, and bring the accused to justice as they should have been from the beginning.

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November 13, 2009 12:30 PM   

So the main reason he authorized those trials is because he already knows that those defendants will be convicted and executed, before the trial begins?

Prosecutors make that call everytime the decision is make to bring a case to trial. If Prosecutors don't believe they have a winnable case, it isn't brought in front of the court.

He's not saying it's a show trial, he's saying he believes in the evidence and in the US justice system.

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November 13, 2009 12:46 PM    in reply to Walter Mitty

What does that say about the rest of the detainees at Guantanamo and Bagram?

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November 13, 2009 1:46 PM    in reply to Why oh why

who knows? maybe they're still analyzing those cases. Could mean that they'll also be tried, or released.

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November 13, 2009 1:26 PM    in reply to Walter Mitty

The difference, of course, being that a case that a prosecutor passes on leads to the defendants being free. Holder's statement is a re-assertion that if he didn't feel the deck was stacked high enough in his favor, he'd continue to illegally detain the "suspects" indefinitely.

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November 13, 2009 12:35 PM   

Maybe I'm overly optimistic...
I hope Obama/Holder is dragging this country, kicking and screaming, back to the rule of law. Prosecute criminals in court. Enforce the law...

See where this could go? .. It could go to prosecute torture.
Maybe, just maybe.

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November 13, 2009 1:04 PM   

These criminal acts should have been prosecuted in the criminal justice system to start with.

Gitmo was put in place to hide torture and create a legal Twilight Zone. It violates our sense of jurisprudence.
(And what's with putting a "Terror Prison" right in the path of hurricanes? Did ANYONE think about a CAT5 heading towards 300+ of the "worst terrists in the world"??)

When BushCo decided to torture the hell out of the suspects, they jeopardized ANY effective (read "legal") legal action.

Holder may be heading the right way - but the question I have is whether or not BushCo's actions have tainted the cases so much as to make prosecution impossible.
Khalid Sheik Ron Jeremy is a case in point. Even a poor defense attorney will see opportunity in the waterboarding, family threats and releasing the "bad hair" picture.

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November 13, 2009 1:31 PM   

I don't agree with the death penalty ever, but especially in this case. We're dealing with people who believe that they will be rewarded (paradise, virgins, and all that) in the afterlife for their actions/crimes. It seems to me that putting them to death is giving them what they want but putting them in prison for the rest of their lives would be the worst punishment of all.

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