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1 of 3. Khalid Sheikh Mohammed is shown in this file photograph during his arrest on March 1, 2003.

Credit: Reuters/Courtesy U.S.News & World Report/Files

WASHINGTON | Mon Apr 4, 2011 6:14pm EDT

WASHINGTON (Reuters) - President Barack Obama yielded to political opposition Monday, agreeing to try the self-professed mastermind of the September 11 attacks in a military tribunal at Guantanamo and not in a civilian court as he had promised.

Attorney General Eric Holder blamed lawmakers for the policy reversal, saying their December decision to block funding for prosecuting the 9/11 suspects in a New York court "tied our hands" and forced the administration to resume military trials.

His announcement was an embarrassing reversal of the administration's decision in November 2009 to try September 11 mastermind Khalid Sheikh Mohammed and four co-conspirators in a court near the site of the World Trade Center attack that killed nearly 3,000 people.

That decision had been welcomed by civil rights groups but strongly opposed by many lawmakers -- especially Republicans -- and New Yorkers, who cheered Holder's announcement that the Obama administration had reversed course.

In moving the case back to the military system, the Justice Department unsealed a nine-count criminal indictment that detailed how Mohammed trained the 9/11 hijackers to use short-bladed knives by killing sheep and camels.

Another of the five -- Walid bin Attash -- tested air security by carrying a pocket knife and wandering close to the doors of aircraft cockpits to check for reactions, said the indictment, which prosecutors asked the court to drop so the case can be handled by a military commission.

PRISON STILL HOLDS 172 PEOPLE

The decision to abandon civilian prosecution was an admission that Obama has not been able to overcome political opposition to his effort to close the prison for terrorism suspects and enemy combatants at Guantanamo Bay in Cuba, a key 2008 campaign promise. It came on the day he kicked off his campaign for re-election in 2012.

James Carafano, a foreign policy expert at the conservative Heritage Foundation think tank, said a military trial for the five men was "the only rational course of action" and Obama was unlikely to be hurt politically by the decision.

"The (U.S.) public basically just ignores the issue these days. Even overseas, Europeans who were so critical before of Guantanamo have really gone to sleep on the issue," he said.

Obama has called the Guantanamo Bay facility, set up by his predecessor President George W. Bush, a recruiting symbol for anti-American groups and said allegations of prisoner mistreatment there had tarnished America's reputation.

He promised to close the prison by the end of his first year in office, but that deadline passed with no action as the administration confronted the hard reality of finding countries willing to accept custody of the inmates.

The prison still holds 172 people, down from 245 when Obama took office in January 2009.

DECISION WELCOMED

The decision to try the five men before military commissions was praised in New York and Washington. New York City Mayor Michael Bloomberg said the cost of holding and securing the trials in Manhattan would have been near "a billion dollars" at a time of tight budgets.

Chuck Schumer, a Democratic senator for New York, called it "the final nail in the coffin of that wrong-headed idea."

Julie Menin, who spearheaded opposition to the trials in New York, said the decision was a "victory for lower Manhattan and my community."

But others, like Valerie Lucznikowska, said the use of military commissions was "just not satisfying to people who want real justice." The 72-year-old New Yorker, whose nephew died in the World Trade Center attack, said the military commissions could be viewed by the world as "kangaroo courts."

Holder said he still believed the 9/11 suspects would best be prosecuted in U.S. civilian courts, despite strong congressional opposition.

Captain John Murphy, the chief prosecutor of the office of military commissions, said his office would swear charges in the near future against the five suspects for their alleged roles in the 2001 attacks.

In addition to Mohammed, an al Qaeda leader captured in Pakistan in 2003, and bin Attash, the accused co-conspirators are Ramzi Binalshibh, Ali Abdul Aziz Ali and Mustafa Ahmed al Hawsawi.

(Reporting by Phil Stewart, James Vicini, Jeremy Pelofsky, Matt Spetalnick and Susan Cornwell in Washington and Basil Katz in New York; writing by David Alexander; Editing by Sandra Maler and Todd Eastham)

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Comments (31)
LarryinParker wrote:
After all the criticism and obstacles thrown up, once again the Administration reverses course and reverts back to where President Bush had us when president Obama took office. I’m glad he came around on withdrawing troops from Afganistan and Irag immediately upon taking office and on closing Gitmo. But it scares me that he is still learning what George knew instinctively.

Apr 04, 2011 1:08pm EDT  --  Report as abuse
USAPragmatist wrote:
Like the Bush tax-cut extension in December, you have to admire Obama for doing what needed to move the country forward. Even if it is not exactly what he wanted to do. But a 75% adequate solution is better then no solution.

I am pretty sure Obama and Holder think like I do on this issue…We have a judicial system that has worked prosecuting criminals for over 250 yrs, yes it has it’s weaknesses, but I will take the American judicial system over any other in the world. Unlike some others, I have a high level of faith in our judicial system and I believe it could have easily handled a KSM trial. I also believe that if KSM was tried in the judicial system for his heinous crimes, it would show our exceptionalism as a country because we would obey our own traditions in taking care of theses fools.

Also, IMO, our judicial system has gone through 250 years of testing and it works great, the system they are using to prosecute these guys has NEVER been used before. I would rather prosecute these guys under a tried and true system then a system of military tribunals that never been used like this before.

And a third point, do you on the right not realize that the terrorists are getting exactly what they want when we abandon our judicial system for military tribunals to prosecute criminals? One of the main goals of terrorism is to get a society to change because of fear and this is exactly what we are doing when we try these guys outside of our normal justice system.

But Obama is more interested in governing then following his ideologies so in this case and the extension of tax cuts he has given in to Republican demands in order to get something done instead of nothing. Maybe the Republicans dominated by the tea-party ‘my way or the highway’ no compromise ideology, will come around and start governing again.

Apr 04, 2011 1:10pm EDT  --  Report as abuse
Watcher23 wrote:
Finally!!! It’s only been, what?, 10 Years!!!

Apr 04, 2011 1:47pm EDT  --  Report as abuse
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