Mohammed Prosecution Faces Legal Issues

9/11 Mastermind Trial New Test for Federal Courts

(CBS)  Along with security issues, the planned prosecution of alleged 9/11 mastermind Khalid Shaikh Mohammed and his co-defendants raises a host of legal issues, reports CBS News correspondent Kimberly Dozier from Washington.

The U.S. federal court system has tried terrorists before with more than a 90 percent conviction rate. But one former Guantanamo legal advisor says they've never tried someone like Khalid Sheikh Mohammed.

"All of the cases that I am aware of where terrorists have been successfully prosecuted in federal court have been people who have been captured in the United States," said retired Brig. Gen. Thomas Hemingway.

Lawyers can argue that Mohammed's six years in detention have already violated his right to a fair trial. They can also challenge whether it's possible to get an impartial jury in New York where nearly 3,000 Americans were killed on 9/11.

They'll also question the evidence. Mohammed confessed to planning the September 11th attacks to interrogators. He admitted it again in his Guantanamo hearing.

But the government admits it used so-called "enhanced interrogation techniques" after his confession. These techniques included waterboarding him 183 times in a single month.

"I think if Khalid Mohammed's lawyers are good lawyers they are likely make this a hearing not about his guilt or innocence, but one about his detention and interrogation techniques," CBS News National Security Consultant Juan Zarate said on theEarly Show.

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Other experts believe the real risk is that Khalid Sheikh Mohammed will use the courtroom to boast of his alleged crimes. They expect he'll try to represent himself like convicted 9/11 conspirator Zacharias Moussawi did.

"Of course that dragged on for three years because he was a very difficult individual for the judge to control," Thomas said.

But if Mohammed does that, he may also do the prosecution's work for them.

"All of this talk about waterboarding and interrogation and so forth, it's not going to mean any thing because Mohammed himself is going to incriminate himself," said CBS News Legal Analyst Andrew Cohen.

[fcs25]

Obama not responsible?Since Holder is Obabma's Attorney General,since Obama is the one that pick him for that job Obama is responsible for this terrorist being tried in NYC.

[dellacouix]

It amazes me how quickly we forget in this country. It is taxing to read some of these "blame Obama for everything" blogs. First, it was not Obama's decision to try this terrorist in Federal court. It was the Attorney General's call and to think that he did think through his decision would be a complete insult to the office of the U.S. Attorney General. Second, Obama is a great President who is dealing with a host of serious problems in this country. The most important being the economic recession, which comes from Republican control of the country for the past 8 years! Do not forget who started this mess Americans! With millions suffering in this country everyday, it is unfair to blame the president for everything that is happening when he is trying to help. Obama is extremely smart and strategic and has great positive vision for this country. To all the hate mongers out there I say, please wake up and realize that we finally have a president who cares about us and our issues. Hipocrisy from the right is astounding. You blame him when you created this mess we are in. You chant that "you want your country back" when civilized people wonder what do you really mean by that statement. Where were all these people when Republicans reigned supreme for 8 years of neglect of the American people, the middle class, the poor! Where were you then?

[endurorob_5]

Holder was appointed by Obama so to think he does not take "advice" from Obama would be foolish. It is a bit premature to call Obama "great". All he has done so far is make some nice speaches, spend trillions of dollars, and entwine the tentacles of big government into private business. The dems have actually been in contro since the 2006 elections but to believe that the economic issues we have are soley the result of the last 8 years show true ingorance. And if you want to talk about hypocracy lets not forget statements such as "no lobbyists will work in my administration" and then hiring lobbyisist for key staff positions. Or what about talking of transperecny then holding closed door back room discussions with big pharme. And the list goes on.

[bhrater]

Wire tap my phone, put people in prison and throw away the key, don't tell me how much money your spending on two wars. Sounds more like soviet russia than the USA.
Some people in this country may just listen to Fox news and live in a bubble. But the whole world was shocked and stunned to see the US behave in this way.
You don't see what damage this President had to fix, the name of the US had been tarnished and Obama is doing a fine job in repairing the image of the United States. Remember we need cooperation to get the terrorists. The last two attempts on the US were discovered and stopped by the British Intelligence.
By the way, bowing in Japan is part of the culture and polite, it in no way demeans the President. You need to get out more!

[YourVeryWrong]

In the madrassa yearbook, he was voted Handsomest Boy. Which was, you know, ironic, because it was an all-boy school. And then they killed the photographer for stealing their souls.

[William_Harris]

This is an outrage. The purpose of this is for the far left to put America on trial, to have all issues that they deem "torture" to be exposed to the world. This administration has a pre-911 mindset, they are treating this as a common criminal act, not as an act of war. Since when does the enemy have to have Miranda rights read to them,and an attorney present should they desire one? A trial by his peers? How do you do that? These are not criminals, they are TERRORISTS, and the appropriate place for them is in the military courtroom.

[50BMS13]

William_Harris
Good common sense post! After reading a lot of the filth some write it is good to see someone that is thinking clearly. I worry greatly that they now will get off. I was for Bush's tactics of interrogation and for Guantanamo. Maybe playing barney the purple dinosaur full volume for a month straight 24/7 was too much. Maybe the lights on for months 24/7 was too much. Maybe waterboarding was too much. But in a civil arena IT WAS DEFINITELY TOO MUCH! They have been in prison under god knows what torture and held for 6 years WITHOUT BEING CHARGED! They will walk! This trial has shifted from being about the terrorists and their fate, to being a trial about the abusement of their rights by the Bush administration. Obama has pulled one on us to help his muslim friends and yes it is shocking!

[Ms_enza]

Had Bush instituted military trials under existing code in 2002 and 2003 it would be done with. Instead, he (read Cheney & the CIA) tried to create a new fangled kangaroo court from whole cloth and it backfired. Nothing happened for 7 years and he stuck the next adminsitration with cleaning up.

Holder has dropped back to the law. It will be done.

[50BMS13]

Ms_enza
What has Bush got to do with any of this? Do you live in the past all the time? This is Obama, and he is upseting not only the right but many that voted for him. He hasn't been in a year and look what he has put us through. I'm so tired of hearing talk talk talk and looking at photo ops. Bowing and prostrating to foreign leaders, apologizing for the American way, giving terrorists the rights of equal Americans in court after they planned 911. You want to go back, then lets talk Carter....biggest wimp America ever saw....couldn't get hostages back from Iran....took Reagan to do that...sheesh you liberals are blind!

[jeff6161]

NO, NO, NO, are you kidding me, I mean really, are you kidding me. Is there no end to your madness obama. We don't want this, why would you put us in danger like this?? Don't you realize that we don't want to relive this, and that they could go free? Being president, someone should have told you that the government works FOR THE PEOPLE. Will you ever listen TO THE PEOPLE, or do anything GOOD FOR THE PEOPLE? Your already striping us of our freedom, destroying our economy, now this!! Your acting like a dictator, the likes of which this country has never seen. PLEASE, stop, resign and just go away. This is a NIGHTMARE.....

[50BMS13]

jeff6161
It is a nightmare buddy! I knew it would be bad but not this bad. Type in (obama in japan) top right of page in search box, then click then click "photos" then go to number 13. That says it all...........

[kesac4650]

This might be the first time in history that any enemy combatant has been given access to a nations civil courts. Our Constitution doesn't require that, and niether does the Geneva Convention.

[50BMS13]

kesac4650
Well said! And if you type in (obama in japan) above right in the search box and click then click on "photos" you will also see something that a President of the United States of America has never done before! A waiters bow! Hell, all he needs is a white towel over his right arm and I'm ordering dinner. WARNING: LOOKING AT THE PHOTO WILL MAKE YOU FEEL SICK. I can't even have breakfast.

[quark01]

Might as well just save us the expense and let them all go now.... They know that any conviction will be dismissed on appeal because it is too easy to show they couldn't receive a "fair and impartial" trial anywhere in the U.S. but absolutely not in NY. Obama has got me wondering if all those nutters calling him Muslim might not have been so nuts. This sure looks like it is deliberate and intended to make sure they all go free - after giving them a chance to spew their "cause" across the airways during the "trial."

[50BMS13]

quark01
You got it! Instead of a military tribunal where they would be found guilty and sentenced to death already, now they will get off cause Bush's torture tactics. This is all about their rights and we didn't process them properly in a criminal/civil way. 6 years in prison being waterboarded and listening to purple barney the dinosaur tapes at top volume with the lights on 24/7 and THEY HAVEN"Y EVEN BEEN CHARGED YET!!! They will walk my friend, then they will sue, then they will plan jihad against us while all the liberals are stuffing their face with donuts typing garbage on sites like this. Good morning by the way!

[jayrh]

The goal of Islam is the world domination of their religion! Read the Qur'an yourself... It is perfectly acceptable, even a duty in the Qur'an to convert people to Islam using violence. This conflict has been going on for centuries! Study the history yourself!