This is just coming out:
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, an Obama administration official said Friday.
The others are Waleed bin Attash, Ramzi Binalshibh, Mustafa Ahmad al-Hawsawi, and Ali Abd al-Aziz Ali. The AP piece explains what the other terrorists are accused of doing.
Debra Burlingame also announced this on Mark Levin's radio show last night.
Attorney General Holder is planning on making a formal announcement later this morning. Included in that announcement will be this:
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.
It was not immediately clear where commission-bound detainees like al-Nashiri might be sent, but a military brig in South Carolina has been high on the list of considered sites.
This is stunning. It appears that Holder has drawn a line in the sand regarding who will be tried for war crimes. It looks like Obama and Holder have decided that the 9/11 terrorist attacks, something thinking people would call an act of war, will not be charged for war crimes, and therefore not subject to military commissions. They will be charged as ordinary criminals instead of war criminals. Simply amazing.
What is going to happen will be a trial that has all the makings of a farce, especially as phony-baloney "civil libertarians" will make a mockery of justice. The AP notes a few items that these "civil libertarians" will take advantage of, especially those defending any of the terrorists:
The New York case may also force the court system to confront a host of difficult legal issues surrounding counter-terrorism programs begun after the 2001 attacks, including the harsh interrogation techniques once used on some of the suspects while in CIA custody. The most severe method — waterboarding, or simulated drowning — was used on Mohammed 183 times in 2003, before the practice was banned.
This is a dream for America haters like Glenn Greenwald. I have no doubt there will be an attempt by defense attorneys to "shop" for a judge who will put the screws to the government for all of the information, especially classified information, in order to get KSM and the others off on whatever charges are going to be filed (according to the AP piece, the DoJ hasn't charged them with anything yet).
Here's something else: are there 12 people out there who could be found to make up a jury? Of course, this question wouldn't have to be asked if idiots like Obama and Holder would have just left well enough alone and had the military commissions hit these terrorists with what they should be charged with, committing an illegal act of war.
One of the big problems, as noted by the AP, will be the security of the civilian populations after the terrorists are transferred:
Some members of Congress have fought any effort to bring Guantanamo Bay detainees to trial in the United States, saying it would be too dangerous for nearby civilians. The Obama administration has defended the planned trials, saying many terrorists have been safely tried, convicted, and imprisoned in the United States, including the 1993 World Trade Center bomber, Ramzi Yousef.
So the Obama administration has said (in effect) "Eff you, we don't care about the stinking security." It also said (also in effect) "Eff you, we don't care about any stinking laws Congress passed, we're going to do what we want, even if Congress is against it." This is an egregious overreach by this administration. But of course, those who worship The One will ignore this wholehearted expansion of the unitary executive, something they accused Bush of doing for eight long years.
This must be stopped.
Watch for updates after Holder makes his announcement.