Jewish legislators divided on trying 9/11 suspects in civilian court

WASHINGTON, D.C. (Press Release) –Jewish public officials had mixed reactions Friday to the announcement by Attorney General Eric Holder that suspects in the 9/11 terror attack on the United States would be brought to trial in civilian court.

Among those issuing statements favoring the move were:

U.S. Senator Russell Feingold (Democrat, Wisconsin), a member of the Senate Judiciary, Intelligence and Foreign Relations Committees: “I’m pleased that after more than eight years, the alleged mastermind of the 9/11 attacks will finally be brought to justice.  I commend the Obama administration for deciding to try Khalid Sheikh Mohammed in New York, which shows the world that this country stands firmly behind its system of justice and its Constitution.  As we saw with Zacarias Moussaoui, Richard Reid, and Timothy McVeigh, our system of justice is more than capable of securely, fairly, and effectively prosecuting alleged terrorists.  I remain skeptical that it is necessary to use the controversial military commission system for cases such as the USS Cole bombing.  Despite the changes enacted by Congress this year, that untested system does not have the track record of fairness and justice that our criminal justice system has.  Nevertheless, today’s announcement is long overdue.”

U.S. Rep. Jerrold Nadler (Democrat, New York), representative of Ground Zero and Lower Manhattan as well as Chairman of the Subcommittee on the Constitution, Civil Rights, and Civil Liberties,said:

“I thank the Department of Justice and Attorney General Eric Holder for their diligent efforts to bring to justice those who have committed acts of terrorism against the United States.  In particular, I applaud the decision to bring those individuals responsible for the attack on the World Trade Center to New York to face trial in our federal courts.  New York is not afraid of terrorists, we want to confront them, we want to bring them to justice, and we want to hold them accountable for their despicable actions.

“It is fitting that they be tried in New York, where the attack took place.  On that day almost 3,000 innocent men, women, and children were murdered, and New York has waited far too long for the opportunity to hold these terrorists responsible. We have handled terrorist trials before, and we welcome this opportunity to do so again.  Any suggestion that our prosecutors and our law enforcement personnel are not up to the task of safely holding and successfully prosecuting terrorists on American soil is insulting and untrue.  I invite any of my colleagues who say that they are afraid to bring detainees into the United States to face trial to come to New York and see how we handle them.

“Trying these alleged terrorists in New York also will allow family members of 9/11 victims to see these trials and confront these defendants in open court. These families deserve that opportunity, and I thank the Department of Justice for providing it.

“Finally, however, I am disappointed that the Attorney General has decided to pursue cases against other Guantanamo detainees in military commissions.  While Congress has reformed some aspects of that system, the military commissions are no substitute for trials in our federal courts or through courts-martial.  We must ensure that these commissions are not simply used as a lesser vehicle for cases in which the evidence is not sufficient.”

Meanwhile, U.S. Senator Joseph Lieberman (Independent, Connecticut) was opposed to the decision, explaining: “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.

“The military commission system recently signed into law by the President as part of the National Defense Authorization Act provides standards of due process and fairness that fully comply with the requirements established by the Supreme Court and the Geneva Conventions. Earlier this year, when passing the National Defense Authorization Act, the Senate also passed language expressing its clear intent that military commissions rather than civilian courts in the U.S. are the appropriate forum for the trial of these alleged terrorists. I share the views of more than 140 family members of the victims of the September 11, 2001 terrorist attacks who recently wrote to the Senate urging that the individuals charged with responsibility for those attacks should 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.”

Senator Lieberman urged the Administration to reconsider its decision and to try those charged with responsibility for the September 11, 2001 attacks using the military commission system that was created by Congress and recently signed into law by the President for that very purpose.

*
Preceding incorporates press releases from Senators Feingold and Lieberman and Representative Nadler