The Obama administration took an important step towards closing the military prison at Guantanamo Bay, Cuba, when it announced plans to prosecute the accused 9/11 perpetrators in the United States, reports The LA Times. Five detainees, including the self-claimed mastermind of September 11, Khalid Shaikh Mohammed, will be tried in federal court in New York.
However, The LA Times points out that the plans for closing Guantanamo do not indicate what will happen to the 200 remaining detainees, who now represent the biggest obstacle to shutting down the prison. Dozens are still awaiting approval for transfer to other countries.
Jena Baker McNeill, a domestic security analyst with the conservative think tank The Heritage Foundation, remarks, “PR-wise, this looks really good. But in reality, the Obama administration has a long way to go to meet their deadlines."
Among the looming decisions is where to hold the trials, or military tribunals. Analysts say trials will likely be moved to a domestic US base in order to expedite the closure of Guantanamo.
"The wisest course is to send everyone to their home countries and not hold them indefinitely," said Tom Malinowski, the Washington advocacy director of Human Rights Watch. "The irony of the congressional response is they are pushing the administration in the direction of a charge-or-release policy."
Attorney General Eric Holder was immediately denounced by some Democrats and Republicans alike for sending the cases to the civilian judicial system rather than military commissions, remarks The LA Times. Holder emphasized, “Mohammed and the other defendants will be brought to New York to answer for their alleged crimes in a courthouse, just blocks from where the twin towers once stood.”
Those who support holding the trials in US civilian courts emphasize the necessity of granting the same rights to the defendants as anyone else tried in America. Holder said he is confident that Mohammed and the others will be convicted and possibly face the death penalty. Yet, the ultimate decision -- unless one or more defendants plead guilty -- will be the one of the jury.
Some fear that the use of torture may affect the outcome of the verdict, and many remain skeptical that the suspects will get the sentence they deserve.
Holder also remarked that the suspects will be tried in a fashion that will not erode the American legal system, but will provide justice to the defendants and the victims of the World Trade Center attacks, claims The New York Times. He argues that a fair and equitable trial will restore the moral image of America that had been tarnished by the practices employed by the Bush administration.
Conservatives still argue that military tribunals are a more secure and appropriate venue for trying terrorism suspects. The Times argues that while “Bush’s tribunals failed to hold a single trial,” experience has shown that “federal courts are capable of handling high-profile terrorism trials without comprising legitimate secrets, national security or the rule of law.”