According to the AP, "Self-proclaimed Sept. 11 mastermind Khalid Sheikh Mohammed and four other Guantanamo Bay detainees will be sent to New York to face trial in a civilian federal court."
*********UPDATED with video from Attorney General Eric Holder's press conference below.
******CONCLUDED: Attorney General Eric Holder will hold his press conference on this matter at 11:00 a.m., ET, 8:00 a.m., PT.
*******Updated with the video from President Obama's remarks this morning.
Thank you for the recs. I will stay on top of this story all day, and provide updates as they happen.
The information is still fluid and will provide updates as they happen. But it looks like this is one step further to closing Gitmo and keeping with our values of due process.
According to the AP
The actual transfer of the detainees from Guantanamo to New York isn't expected to happen for many more weeks because formal charges have not been filed against most of them.
The attorney general has decided the case of the five Sept. 11 suspects should be handled by prosecutors working in the Southern District of New York, which has held a number of major terrorism trials in recent decades at a courthouse in lower Manhattan, just blocks from where the World Trade Center towers once stood.
*CONCLUDED: Eric holder will give a press conference at 11:00 a.m., ET, 8:00 a.m., PT.
**President Obama has made his first official remarks on this breaking news.
A reporter Jennifer Love of the Associated Press asked President Obama what assurances can he give that Khalid Sheikh Mohammed will not be found not guilty in a U.S. trial. He said that he does not want to preempt Attorney General Holder on this announcement coming later this morning. However, he did say this:
This is a prosecutorial decision as well as a national security decision. I am absolutely convinced that Khalid Sheikh Mohammed will be subject to the most exacting demand of justice. The American people insist on it, and my administration will insist on it.
Link provided below as well.
President Obama's remarks regarding the 9/11 suspects being brought from Gitmo to U.S.
***According to NBC, the other four suspects that will be transferred are: Ramzi Bin al-Shibh, Ali Abd al-Aziz Ali, Mustafa Ahmed al Hawsawi, and Walid Bin Attash.
According to GlobalSecurity.org, these four were allegedly:
Ramzi Bin al-Shibh
A key 9-11 facilitator who tried and failed to obtain a visa to enter the United States to take part in the attacks as a pilot-hijacker. At the time of his arrest he was plotting to hijack and crash aircraft into Heathrow Airport in London. He has identified four al-Qaeda operatives, possibly Saudi, who were to take part in the operation.
Ali Abd al-Aziz Ali
Nephew and key aide to Khalid Shaikh Mohammed. And assisted Mohammed in 9-11 and other plots before his capture. In August 2001, he sought to join the 9-11 hijackers but was denied a U.S. visa because he appeared to be an economic immigrant.
Mustafa Ahmed al Hawsawi
He was one of 14 key al-Qaeda operatives transferred from CIA custody to the U.S. military prison at Guantanamo Bay, Cuba, in 2006. In 2001, Khalid Shaikh Mohammed dispatched him to Dubai to assist in helping 9-11 operatives transiting to the United States. He worked on several other plots with KSM until they were captured together in 2003.
Walid Bin Attash
A key operative involved in the USS Cole bombing and 9-11. A CIA counterterrorism officer described him as a "major-league killer." He volunteered as a suicide bomber and was assigned to join the 9-11 hijackers. He was unable to obtain a U.S. visa. Khallad served as a bodyguard for Osama bin Laden and a line fighter against the Northern Alliance before joining al-Qaeda's operational ranks in 1998.
It seems Attorney General Holder was running out of time in deciding what to do with these suspects.
The attorney general's decision in these cases comes just before a Monday deadline for the government to decide how to proceed against 10 detainees facing military commissions.
Article Regarding transfer of Gitmo detainees to NY to stand trial
****According to MSNBC Attorney General Eric holder will also announce a trial by military commission against Abd al-Rahim al-Nashiri, a suspect in the bombing of the U.S.S. Cole.
Holder will also announce that a major suspect in the bombing of the U.S.S. Cole, Abd al-Rahim al-Nashiri, will face justice before a military commission, as will a handful of other detainees to be identified at the same announcement, the official said.
*****As one of the comments pointed out, this information coincides with the news that White House counsel, Greg Craig, is set to officially resign from his post. He is said to be the person responsible for President Obama's decision to write an executive order to close Gitmo 17 days into his administration.
According to the Washington Post
The departure comes after months of dissatisfaction over Craig's management of Guantanamo policy and other matters and less than a month after officials said Craig was no longer guiding the effort to close the prison. His departure represents the highest-level White House shake-up to date.
Washington Post Article regarding Greg Craig's impending resignation
*********Attorney General Eric Holder has just concluded his press conference.
Link provided below as well.
Attorney General Eric Holder's press conference regarding transfer of 9/11 suspects to U.S. for trial
The Attorney general confirms the five aforementioned 9/11 suspects will be brought to the U.S. to be tried in a civilian court, although no charges have been specified as of yet.
Holder asserts the suspects will not be brought on U.S. soil until all legal aspects have been covered, such as giving Congress a 45 day notice. Furthermore, Holder says he has already been in contact with Gov. David Patterson of New York, and Mayor Michael Bloomberg, mayor of New York City to discuss security concerns for the impending trial.
Eric Holder will be seeking the death penalty for each of the 9/11 suspects.
"I fully expect to direct prosecutors to seek the death penalty against each of the alleged 9/11 conspirators."
furthermore
"That is an indication, I think, of how serious I view these cases, how negative the consequences of their actions were and how they must face the ultimate justice."
Holder will seek to try 9/11 suspects together in what he called a court "open to the public, open to the world." However he acknowledges some aspects of the proceedings will be likely to be closed to the public. .
Moreover, Holder alluded he is prepared to present evidence outside of statements collected as a result of torture. And expects a guilty verdict in the trials of the 9/11 suspects.
"I would not have authorized prosecution if I was not confident our outcome would be a successful one."
Holder also smacked back criticism of bring them to the "scene of the crime".
"New York has a long history of trying these kind of cases. New York has a hardened system. I don't think that criticism is factually based."
and regarding the proximity to where the crime took place Holder responded that this is normal procedure, or as he put it,
"It's a fundamental tenet of jurisprudence."
Attorney General Holder also had a message to the families and friends of the victims of 9/11.
"Nothing can bring back those loved ones. But they deserve the opportunity to see the alleged perpetrators of those attacks held accountable in open court."
Holder also announced five other Gitmo detainees will be tried in military commissions at the prison, including Abd al-Rahim al Nashiri, a suspect in the bombing of the U.S.S. Cole.
"Further, I have decided to refer back to the department of defence five defendants to face military commission trials including the detainee who was previously charged in the USS Cole bombing."
Of course the wingnuts are going absolutely batshit crazy over this.
Senate Minority Leader, Mitch McConnell
"A step backwards for the security of our country and puts Americans unnecessarily at risk."
Sen. Joe "Two-faced" LIEberman
"The terrorists who planned, participated in, and aided the September 11, 2001 attacks are war criminals, not common criminals. Not only are these individuals not common criminals but war criminals, they are also not American citizens entitled to all the constitutional rights American citizens have in our federal courts. The individuals accused of committing these heinous, cowardly acts of intentionally targeting unsuspecting, defenseless civilians should therefore be tried by military commission rather than in civilian courts in the United States. It is inconceivable that we would bring these alleged terrorists back to New York for trial, to the scene of the carnage they created eight years ago, and give them a platform to mock the suffering of their victims and the victims' families, and rally their followers to continue waging jihad against America."
Sen. John Kyl
"It is a constant amazement to me that there are some who seem more concerned about extending legal protections to terrorists than security protection to Americans."
Sen. John Cornyn
"These terrorists planned and executed the mass murder of thousands of innocent Americans. Treating them like common criminals is unconscionable."
Rep. John "Pumpkin Face" Boehner
"The Obama Administration's irresponsible decision to prosecute the mastermind of the 9/11 attacks in New York City puts the interests of liberal special interest groups before the safety and security of the American people. The possibility that Khalid Sheik Mohammed and his co-conspirators could be found 'not guilty' due to some legal technicality just blocks from Ground Zero should give every American pause. This decision is further evidence that the White House is reverting to a dangerous pre-9/11 mentality – treating terrorism as a law enforcement issue and hoping for the best."
Rep. Lamar Smith of San Antonio
"Bringing terrorists to U.S. soil expands their constitutional rights and could result in shorter sentences. Trying terrorists in military commissions at Guantanamo Bay is the most appropriate venue and safest option for the American people. America already gives terrorists more constitutional rights than any other country. The Administration should not prioritize the rights of terrorists over the rights of Americans to be safe and secure."
People who value rule of law are supporting this move by the administration.
Secretary of Defense, Robert Gates
"Bringing terrorists to justice is an integral part of our national security. The reform of military commissions and today's announcement are important steps in that direction."
Sen. Patrick Leahy
"I have always believed that the nation’s federal courts are capable of trying high profile terrorism and national security cases. By trying them in our federal courts, we demonstrate to the world that the most powerful nation on earth also trusts its judicial system – a system respected around the world."
Former Congressman Tom Andrews
"Partisan, fear based attacks by right-wing critics of President Obama are likely, including the charge that trying suspects of the 9/11 attack in U.S. courts will endanger Americans. In fact, 195 terrorists have been convicted in U.S. federal courts since 2001. The terrorists who bombed the World Trade Center in 1993 were tried and convicted in U.S. courts and are now locked away in a federal supermax prison. Yet Republicans in Congress will no doubt attack the transfer of these detainees as a threat to Americans. Those responsible for 9/11 are not warriors, they are criminals and mass murderers. Treating them as anything else plays into Al Qaeda's hands and rewards them an elevated status that only stokes their desire for 'martyrdom.' They need to be subjected to the full force of law and justice – nothing less."
ACLU
"A huge victory for restoring due process and the rule of law, as well as repairing America's international standing, an essential part of ensuring our national security."