White House advisers are considering recommending alleged 9/11
mastermind Khalid Sheikh Mohammed be tried in a military court instead
of a civilian one in New York City, a senior administration official
told CNN on Friday.
In November, Attorney General Eric Holder announced his intention to try Mohammed in a New York civilian court.
"I
am confident in the ability of our courts to provide these defendants a
fair trial, just as they have for over 200 years," Holder said last
month. "The alleged 9/11 conspirators will stand trial in our justice
system before an impartial jury under long-established rules and
procedures."
A firestorm of opposition erupted from both New York officials and top Republicans after Holder's announcement.
New
York police have estimated the cost to the city would exceed $200
million per year in a trial that could last years. They have said,
among other things, that they would need to install more than 2,000
checkpoints in Lower Manhattan.
Also, some congressional leaders
have argued Mohammed should not be entitled to all the protections and
privileges a defendant receives in civilian court. Last month, several
lawmakers tied funding to close the detention facility in Guantanamo
Bay, Cuba, to holding a military trial for Mohammed and other suspected
terrorists.
To try Mohammed and others "as common criminals,
giving them the constitutional rights of American citizens in our
courts, is justice according to 'Alice in Wonderland,'" said Sen. Joe
Lieberman, a Connecticut independent.
Holder said last month the
Justice Department "will have to take into account" the views of other
political leaders and residents. "At the end of the day, wherever this
case is tried, in whatever forum, what we have to ensure is that it's
done as transparently as possible and with adherence to all the rules."
White
House press secretary Robert Gibbs said Friday the administration was
evaluating its options "based on New York City logistical and security
concerns."
Gibbs and senior presidential adviser David Axelrod
have said previously that President Obama believes the trial should
take place in a criminal court instead of before a military tribunal.
The
senior administration official emphasized that no final recommendation
has been given to the president and therefore no final decision
regarding the 9/11 terror trial has been made.
The official said
administration advisers hope a decision will be made before the
president leaves for an overseas trip on March 18.
Progressive activists blasted the potential administration switch.
"If
this stunning reversal comes to pass, President Obama will deal a death
blow to his own Justice Department, not to mention American values,"
said Anthony Romero, executive director of the American Civil Liberties
Union.
"If the president flip-flops and
retreats to the Bush military commissions, he will betray his campaign
promise to restore the rule of law, demonstrate that his principles are
up for grabs and lose all credibility with Americans who care about
justice and the rule of law."
CNN's Suzanne Malveaux contributed to this report
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