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Can the Death Penalty for Terrorists Fuel Violence?

“Al Qaeda will exploit an execution by the U.S. government as a significant propaganda victory, no matter how fair and legitimate the trial,” writes Ken Gude.


9/11 Suspects to Use Trial to Explain Themselves

Since Attorney General Eric Holder announced the alleged masterminds of the 9/11 attacks would be tried in New York, there’s been much speculation about whether they’ll plead guilty, as some have suggested they would before military commissions, or insist on a trial and put on a defense.
Scott Fenstermaker, a lawyer defending one of the men, [...]


Holder: ‘Failure is Not An Option’ in 9/11 Trials

Testifying before the Senate Judiciary Committee on Wednesday, Attorney General Eric Holder said that one reason he decided to try the five suspected 9/11 co-conspirators in federal court is because that was where he would most likely be able to win a conviction. As he said later in the hearing: “Failure is not an option. These [...]


Holder Struggles to Defend 9/11 Trial Decisions

“This is war,” said Sen. Jeff Sessions (R-Ala.). “I think the decision you’ve made to try these cases in federal court represents a policy and political decision.”


Graham Amendment Would Bar Trials of Terror Suspects in Federal Court

When I wrote my earlier post about the group of illustrious Americans urging the Obama administration to close Guantanamo and bring suspected terrorists to justice in U.S. federal courts, I neglected to mention that Sens. Lindsey Graham (R-S.C.), joined by Joe Lieberman (I-Conn.), John McCain (R-Ariz.) and Jim Webb (D-Va.), is today pushing a measure [...]


Government Planning to Prosecute About 25 Gitmo Detainees in Federal Court

The Obama administration is making plans to send about 25 detainees from the prison camp at Guantanamo Bay to federal prisons, to be tried in civilian federal courts, according to Newsweek.
As TWI reported last week, the biggest ongoing controversy is over where to try the five suspected 9/11 co-conspirators. The administration has said it prefers [...]


9/11 Masterminds Could Face Trial in Federal Court

The possibility prompts fervent opposition from Republicans, who say the 9/11 terrorists should never be allowed anywhere on U.S. soil, let alone in a civilian U.S. court.


DOD and DOJ Continue to Make Outrageous Arguments in Gitmo Cases

Late last week, in a decision that got some attention over the weekend, U.S. District Court Judge Ricardo Urbina ruled that a Pakistani man who has been held at the Guantanamo Bay prison since 2004 has the right to submit written questions to self-described 9/11 mastermind, Khalid Sheikh Mohammed. After all, the government’s case rests [...]


The Terrorist Next Door

The headline of a just-released Senate Republican Policy Committee document on what to do with Guantanamo Bay detainees:
Meet Your New Neighbor, Khalid Sheikh Mohammad?
There’s actually nothing in the 15-page paper suggesting that Khalid Sheikh Mohammad could be released into American society. There is, however, an exposition of the problem of the 17 Uighur detainees who [...]


Dressing Up the Military Commissions

I guess we should have seen it coming. First, Defense Secretary Robert Gates told the Senate on Thursday that the government might want to continue to detain indefinitely up to 100 of the 241 prisoners currently at Guantanamo Bay, so he needs $50 million to build a new prison for them here on U.S. soil.
Then, [...]