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9/11 suspects to face death penalty in NYC trial

Published: Friday, Nov. 13, 2009 12:11 p.m. MST
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WASHINGTON — Self-proclaimed Sept. 11 mastermind Khalid Sheikh Mohammed and four other Guantanamo Bay detainees will be brought to trial in a civilian federal courthouse in New York, near the site of the devastating 2001 terror attacks. Prosecutors expect to seek the death penalty.

Attorney General Eric Holder announced the long-awaited and politically fraught decision at a news conference Friday. He also said five other Guantanamo detainees, including a major suspect in the bombing of the USS Cole, Abd al-Rahim al-Nashiri, will be tried through the military commission process.

Holder said the Sept. 11 defendants should be tried where their crimes occurred. Nearly 3,000 people died when the World Trade Center towers were brought down by two hijacked jetliners, another hijacked jet hit the Pentagon and a fourth crashed in western Pennsylvania.

"After eight years of delay, those allegedly responsible for that attacks of September the 11th will finally face justice," Holder said. "They will be brought to New York — to New York — to answer for their alleged crimes in a courthouse just blocks away from where the twin towers once stood."

Bringing such notorious suspects to U.S. soil to face trial is a key step in President Barack Obama's plan to close the terror suspect detention center at Guantanamo Bay, Cuba. Obama initially planned to close the detention center by Jan. 22, but the administration is no longer expected to meet that deadline.

"For over 200 years our nation has relied upon a faithful adherence to the rule of law," Holder told a news conference at the Justice Department. "Once again, we will ask our legal system in two venues to answer that call."

The plan that Holder outlined is a major legal and political test of Obama's overall approach to terrorism. If the case suffers legal setbacks, the administration will face second-guessing from those who never wanted it in a civilian courtroom. And if lawmakers get upset about terrorists being brought to their home regions, they may fight back against other parts of Obama's agenda.

Early reaction was divided along political lines.

Republican Sen. Jon Kyl of Arizona said bringing Mohammed to New York was "an unnecessary risk" that could result in the disclosure of classified information. Kyl maintained the trial of Omar Abdel Rahman, the so-called "blind sheik" who was tried for a plot against some two-dozen New York City landmarks, caused "valuable information about U.S. intelligence sources and methods" to be revealed to the al-Qaida terrorist network.

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