USA Attorney General Eric Holder announced, in a Friday 11/13/2009 morning news conference, the decision to transfer The 9/11 five conspirators, now detained at Guantanamo Bay, to face trial in New York under USA civilian law.

The five 9/11 conspirators are: Khalid Shaik Mohammed; Tawfiq bin Attash; Ramzi Binalshibh; Ali Abdul Aziz Ali and Mustafa al-Hawsawi. Eric Holder expressed his confidence that despite all difficulties the prosecution has enough evidence, which can stand in civilian court, to reach an conviction and the death penalty for all the five defendants.   

Attorney General Eric Holder also said that Abd al-Rahim al-Nashiri and four other defendants: Omar Khadr; brother in law of Khalid al-Mihdhar – Ahmed al-Darbi; the Sudanese citizen and alleged paymaster of Al Qaeda – Ibrahim al-Qosi and Noor Uthman Muhammed will face justice before a military commission in a military location in USA. Their cases are not specifically connected but two of them are accused of plotting against or attacking U.S. military personnel. Unlike the five 9/11 defendants – they did not commit their alleged crime on USA soil but elsewhere in the world against USA interest. 

The administration has already sent one Guantanamo detainee, Ahmed Khalfan Ghailani, to New York to face trial, but chose not to seek death in that case. 

The decision will provoke a huge debate in USA over the issue (see – On The Bench ).

* Eventually, on the same day that President Obama enounced his candidacy to a second term as President in the 11/2012 elections, on Monday 04/04/2011, USA Attorney General Eric Holder reversed his decision and announced that Khalid Sheikh Mohammed and four other 9/11 terror suspects will face a military trial at the Guantanamo Bay detention facility in Cuba, as it was already set up in late Bush’s administration in 2008 (see – Gitmo 9/11 Trial). In announcing his decision, Holder blasted Congress for imposing restrictions on the Justice Department’s ability to bring the men to New York for civilian trials — a course of action Eric Holder promised in 2009. 


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