The Associated Press - 04 April, 2011

Khalid Sheikh Mohammed and four alleged co-conspirators are being referred to the system of military commissions for trial, U.S. Attorney General Eric Holder said Monday.

The decision by the Obama administration is an about-face from earlier plans to have the five go on trial in civilian federal court in New York.

Holder announced the earlier plan for trial in New York City in November 2009.

The switch stems from widespread opposition among Republicans, and even some Democrats particularly in New York, to a civilian court trial.

Congress passed legislation that prohibits bringing any detainees from the prison at Guantanamo Bay, Cuba, to the United States.

The families of those killed in the Sept. 11 attacks have waited almost a decade for justice, and "it must not be delayed any longer," Holder told a news conference.

The attorney general called the congressional restrictions unwise and unwarranted and said a legislative body cannot make prosecutorial decisions.

Most Republicans applauded the turnabout, but Holder said he is convinced that his earlier decision was the right one. The Justice Department had been prepared to bring "a powerful case" in civilian court, he said.

In New York on Monday, the U.S. government unsealed and got a judge to dismiss an indictment in the case that charged Mohammed and the others with 10 counts relating to the Sept. 11 attacks. The dismissal was because the accused will not be tried in civilian court.

Support and criticism for move

The indictment said that in late August 2001, as the attackers in the United States made final preparations, Mohammed was notified about the date of the attack and relayed that to Osama bin Laden.

Some victims' family members supported the change to military commissions.

"We're delighted," said Alexander Santora, 74, father of deceased firefighter Christopher A. Santora. The father called the accused "demonic human beings, they've already said that they would kill us if they could, if they got the chance they would do it again."

Republican legislators, who led the opposition to a trial in civilian court, welcomed the administration's shift.

"While it is unfortunate that it took so long to make this announcement, I am pleased that the Obama administration has finally heeded those who rebuked their decision and that the trial is being held where it belongs," said Senate judiciary committee Republican Jeff Sessions of Alabama.

New York Republican congressman Peter King, who has opposed trying the Sept. 11 conspirators in federal court, said Monday's decision is a vindication of President George W. Bush's detention policies. Some Democrats also said holding a trial in New York was the wrong way to go.

The American Civil Liberties Union criticized the administration's decision.

Cases prosecuted in military commissions now "are sure to be subject to continuous legal challenges and delays, and their outcomes will not be seen as legitimate. That is not justice," said ACLU executive director Anthony D. Romero.

The attorney general said it is unclear whether the five men could receive the death penalty if they plead guilty in military court.

The four alleged co-conspirators are

• Waleed bin Attash, a Yemeni who allegedly ran an al-Qaeda training camp in Afghanistan.
• Ramzi Binalshibh, a Yemeni who allegedly helped find flight schools for the hijackers.
• Ali Abd al-Aziz Ali, accused of helping nine of the hijackers travel to the United States and sending them $120,000 for expenses and flight training.
• Mustafa Ahmad al-Hawsawi, a Saudi accused of helping the hijackers with money, Western clothing, traveller's checks and credit cards.  (original link)
  

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