The venue for the biggest trial in the age of terrorism means prosecutors must balance difficult issues such as rough treatment of detainees and sensitive intelligence-gathering with the Justice Department's desire to prove that the federal courts are able to handle terrorism cases.
Attorney General Eric Holder announced the decision Friday to bring Khalid Sheikh Mohammed and four others detained at Guantanamo Bay, Cuba, to trial in a courtroom barely a thousand yards from the site of the World Trade Center's twin towers they are accused of destroying.
Trying the men in civilian court will bar evidence obtained under duress and complicate a case where anything short of slam-dunk convictions will empower President Barack Obama's critics. U.S. civilian courts prohibit evidence obtained through coercion, and a number of detainees were questioned using harsh methods some call torture.
Holder insisted both the court system and the untainted evidence against the five men are strong enough to deliver a guilty verdict and the penalty he expects to seek: a death sentence for the deaths of nearly 3,000 people who were killed when four hijacked jetliners slammed into the towers, the Pentagon and a field in western Pennsylvania.
"After eight years of delay, those allegedly responsible for the attacks of September the 11th will finally face justice. They will be brought to New York
- to New York," Holder repeated for emphasis, "to answer for their alleged crimes in a courthouse just blocks away from where the twin towers once stood."
Holder said he decided to bring Mohammed and the other four before a civilian court rather than a military commission because of the nature of the undisclosed evidence against them, because the 9/11 victims were mostly civilians and because the attacks took place on U.S. soil.
Lawyers for the accused will almost certainly try to have charges thrown out based on the rough treatment of the detainees at the hands of U.S. interrogators, including the repeated waterboarding, or simulated drowning, of Mohammed.
The question has been raised as to whether the government can make its case without using coerced confessions, but prosecutors have other evidence including a written confession from Mohammed and other statements and documents to bolster their case.
Held at Guantanamo since September 2006, Mohammed said in military proceedings there that he wanted to plead guilty and be executed to achieve what he views as martyrdom. In a letter from him released by the war crimes court, he referred to the attacks as a "noble victory" and urged U.S. authorities to "pass your sentence on me and give me no respite."
