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Monday, April 4, 2011

Accused 9/11 terrorists to face military tribunals

Khalid Sheikh Mohammed and other alleged 9/11 terrorists will be tried before military tribunals at Guantanamo Bay. STORY HIGHLIGHTSAttorney General Holder will say the suspected 9/11 terrorists will face a military tribunalThe tribunal will be held at Guantanamo Bay, CubaThe decision is a reversal for the Obama administration, which had wanted civilian trialsHolder has promised to seek the death penalty for all of the suspects Washington (CNN) -- Attorney General Eric Holder will announce Monday that Khalid Sheikh Mohammed and other alleged 9/11 terrorists will be tried before military tribunals at the Guantanamo Bay detention facility in Cuba, according to two U.S. officials and a government source.

The decision is a sharp reversal for the Obama administration, which wanted the alleged terrorists to have federal civilian trials.

Holder is expected to hold a news conference discussing the decision at 2 p.m. ET.

Five suspects are charged before military commissions with participating in the 9/11 plot: Khalid Sheikh Mohammed, Walid bin Attash, Ramzi bin al-Shibh, Ali Abdul Aziz Ali and Mustafa Ahmed al-Hawsawi. All five are currently at Guantanamo.

Holder has promised to seek the death penalty for each of the five men.

President Barack Obama's primary concern is that the accused perpetrators "be brought to justice as swiftly as possible," White House Press Secretary Jay Carney told reporters.

Initially, the attorney general was also a staunch advocate of civilian trials for the suspects. In November 2009, he said that "they will be brought to New York ... to answer for their alleged crimes in a courthouse just blocks away from where the Twin Towers once stood."

"I am confident in the ability of our courts to provide these defendants a fair trial, just as they have for over 200 years," he insisted at the time.

Holder's plan was sharply criticized by both Republican leaders and key members of the New York congressional delegation. Among other things, critics cited cost and security concerns tied to a trial in Manhattan. They also argued that the suspects -- who are not American citizens -- should not receive the rights and protections provided to defendants in civilian courts.

Texas GOP Rep. Lamar Smith, the chairman of the House Judiciary Committee, said in a written statement that it is "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."

GOP Rep. Peter King of New York, head of the House Homeland Security Committee, called the decision a "long-awaited step in the right direction."

"These terror trials belong in a military commission at Guantanamo," he said. The decision is a "vindication of President (George W.) Bush's detention policies."

A number of Democrats and civil liberties activists have expressed dismay at the idea of holding military tribunals, warning that such a move represents a dangerous breakdown in the U.S. judicial system.

"We are extremely disappointed by the administration's decision to try what is arguably the most important criminal case the U.S. has ever seen in an untested and flawed system, instead of in our legitimate criminal justice system," said Mason Clutter, an attorney with the progressive Constitution Project.

"Our civilian justice system has a proven capacity to handle complex terrorism cases," Clutter added. "Today's decision will only continue to delay justice for the victims of 9-11 and their families."

"We weren't out advocating for this decision," a senior Defense official told CNN. "But we do have a court system (at Guantanamo Bay) that is both prepared to handle, and is already handling, people accused of crimes relating to terrorism."

The official said a lack of funding from Congress on more permanent detainment options for terrorist suspects within the continental United States "left the Justice Department short on options."

Obama promised to shut down the Guantanamo Bay detention facility within a year of taking office -- a promise he was unable to keep in the face of congressional resistance.

CNN's Alan Silverleib, Terry Frieden, Carol Cratty, and Ed Henry contributed to this report



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