Despite his announcement today that the trials of five alleged Sept. 11 co-conspirators will be held in a military court, Attorney General Eric Holder is standing by his original decision to hold civilian trials for five alleged Sept. 11 conspirators in federal court and blames Congress for forcing his hand in sending them to the military system.
In a short 13-minute news conference at Justice Department headquarters on Monday, Holder came out forcefully in defense of his original decision in November 2009 to prosecute the alleged terrorists in federal court and said that he had “reluctantly” made the reversal of his original decision due to the “needless controversy” over the KSM trial and restrictions that Congress had placed on the executive branch.
Holder chastised members of Congress for setting up “unwise and unwarranted restrictions” on transferring Guantanamo detainees which could “undermine our counterterrorism efforts and could harm our national security.”
He said the trial decision had been “marked by needless controversy since the beginning” and that the prosecution of Khalid Sheikh Mohammed and his co-conspirators “should never have been about settling ideological arguments or scoring political points.”
“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,” Holder said in his prepared remarks.
But in light of the restrictions imposed by Congress on transferring detainees to the U.S., Holder said the Justice Department had to “face a simple truth: those restrictions are unlikely to be repealed in the immediate future. And 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.”
Asked by CNN’s Terry Frieden whether it was Holder’s belief that he “knows best and that there is just no room for the public’s view” on where a trial should be held, Holder said that he didn’t want to hold himself out as “omniscient” but said the “reality is though I know this case in a way that members of Congress do not.”
“I have looked at the files. I have spoken to the prosecutors. I know the tactical concerns that have to go into this decision,” said Holder.
“So do I know better than them? Yes. I respect their ability to disagree, but I think they should respect the fact this is an executive branch function, a unique executive branch function,” Holder said.
Despite the reversal, Holder said that the administration would continue to fight to get the restrictions on transferring Guantanamo Bay detainees lifted.
“It is still our intention to close Guantanamo. It’s still our intention to lift those restrictions,” Holder told reporters.
The Justice Department also released the December 2009 indictment against KSM and his four co-conspirators, which had been under seal until it was withdrawn this week.