President Barack Obama and Attorney General Eric Holder Jr. say they want the criminal trials of terrorism suspects to take place in federal court, but that Congress has forced them to use military tribunals.

 

Not so.

 

The funding restrictions imposed by lawmakers only became law in January, and the Obama administration had plenty of time during its first two years to pursue these cases in civilian courts. Also, the ban applies only to the use of Department of Defense funding with respect to federal trials—the administration, if it wanted, could use monies in the Justice Department or Department of Homeland Security budgets to try 9/11 mastermind Khalid Sheikh Mohammed and four others.

 

Laura Pitter, counterterrorism advisor for Human Rights Watch, points out that Obama and Holder have been “entirely disingenuous” in placing too much blame on Congress. Administration officials put up little fight when lawmakers were debating their plan to cut funding for civilian trials of detainees. Furthermore, the new restrictions expire later this year—so if the president really wants these cases in federal court, there will be ample opportunity to push for them over the next several months.

 

As Pitter wrote for The Hill: “It is true that the administration faced fierce opposition at times to holding civilian trials for Guantanamo detainees. When Attorney General Holder announced in November 2009 that he would hold trials for the 9/11 suspects in New York federal court, some New York officials and residents raised objections based on purported security and cost concerns. But rather than address these concerns head on in public, the administration quietly backed off from its position. It never displayed any real willingness to make its case in the political arena for why civilian trials make national security sense.”

-Noel Brinkerhoff

 

9/11 Defendants to Be Tried in Military Court; Atty. Gen. Says He Still Believes Civilian Court Was Best Venue (by Allan Lengel, Tickle the Wire)

Why Obama Can't Hide Behind Congressional Restrictions on Gitmo (by Laura Pitter, The Hill)

US: Military Commission Trials for 9/11 Suspects a Blow to Justice (Human Rights Watch)

Obama Approves Life Imprisonment without Trial for Guantánamo Prisoners (by Noel Brinkerhoff and David Wallechinsky, AllGov)

Holder Says 9/11 Accused to Remain in Prison Even if Acquitted (by Noel Brinkerhoff, AllGov)