By Stephen Kopko
Impunity Watch Reporter, North America
WASHINGTON D.C., United States – Facing relentless pressure from both human rights groups and national security groups, the Obama Administration is reassessing their decision to try some September 11, 2001 suspects in civilian courts. The Administration is examining whether military commissions would be a better place to try the suspects.
In November, Attorney General Eric Holder recommended that five suspects being held at the Guantanamo Bay Detention Facility be tried in Article III courts. Khalid Sheikh Mohammed, the mastermind behind the September 11 attacks, was one of the suspects to be tried in a civilian court. Since the Attorney General’s decision, the Administration has been pressured by those favoring civilian trials and those who support trying the suspects in military commissions. Facing congressional and local government opposition to civilian trials, the Obama administration is focusing the costs and benefits of trying the suspects in military commissions.
Many groups still believe that the suspects should be tried in civilian courts. Three former military officers believe that holding military commissions would negatively impact the image of the United States overseas. Also supporting civilian trials is the September 11th Families for Peaceful Tomorrows. Donna Connor, spokeswoman for the organizations, said “military commissions are an illegitimate system that undermines the rule of law.”
Opponents of civilian trials cite different reasons for their opinion. Local governments in the places where the trials could be held were concerned with the high cost of trying terrorism suspects. They also were worried about the amount of security that would be needed to try the suspects. Citing security concerns, some members of Congress threatened to cut funding for civilian trials.
Assessing the opinions and concerns of both camps, the Obama Administration has been negotiating with Senator Lindsey Graham. According to those negotiations, the suspects would be tried in military commissions. There would be more procedural protections in the new commissions than what traditional military commissions have afforded. Also, a new supermax prison would be built in Illinois to house the terrorism suspects. The military commissions would be held at this prison.
Despite the pressure facing the Obama Administration, the President will make a decision in the coming weeks whether military commissions will be used to try the suspects.
For more information, please see:
Wall Street Journal – White House Considers Military Trial for Alleged Sept. 11 Plotters – 6 March 2010
MSNBC – Military trials ahead for 9/11 suspects? – 5 March 2010
NY Times – White House Postpones Picking Site of 9/11 Trial – 5 March 2010
