Tim Sumner

U.S. to seek death penalty for September 11 mass murderers

“My opinion is, if the death of 3,000 people isn’t sufficient for a death penalty in this country, then why do we even have the death penalty?” — Debra Burlingame

According to the New York Times, anonymous officials say that, “Military prosecutors have decided to seek the death penalty for six Guantánamo detainees who are to be charged with central roles in the Sept. 11 terror attacks…” and an announcement may come from the Pentagon as soon as today. Those officials said that in addition to Khalid Shaikh Mohammed, the al Qaeda operations chief and self-described mastermind of the attacks, the death penalty will be sought for these five:

Mohammed al-Qahtani, the man officials have labeled the 20th hijacker; Ramzi bin al-Shibh, said to have been the main intermediary between the hijackers and leaders of Al Qaeda; Ali Abd al-Aziz Ali, known as Ammar al-Baluchi, a nephew of Mr. Mohammed, who has been identified as Mr. Mohammed’s lieutenant for the 2001 operation; Mr. al-Baluchi’s assistant, Mustafa Ahmed al-Hawsawi; and Walid bin Attash, a detainee known as Khallad, who investigators say selected and trained some of the hijackers.

The Times added:

A Defense Department official said prosecutors were seeking the death penalty because “if any case warrants it, it would be for individuals who were parties to a crime of that scale.” The officials spoke anonymously because no one in the government was authorized to speak about the case.

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These people were not available to comment:

6 at Guantánamo Said to Face Trial in 9/11 Case

From the New York Times:

Military prosecutors are in the final phases of preparing the first sweeping case against suspected conspirators in the plot that led to the deaths of nearly 3,000 Americans on Sept. 11, 2001, and drew the United States into war, people who have been briefed on the case said.

The charges, to be filed in the military commission system at Guantánamo Bay, Cuba, would involve as many as six detainees held at the detention camp, including Khalid Shaikh Mohammed, the former senior aide to Osama bin Laden, who has said he was the principal planner of the plot.

The case could begin to fulfill a longtime goal of the Bush administration: establishing culpability for the terrorist attacks of 2001. It could also help the administration make its case that some detainees at Guantánamo, where 275 men remain, would pose a threat if they are not held at Guantánamo or elsewhere. Officials have long said that a half-dozen men held at Guantánamo played essential roles in the plot directed by Mr. Mohammed, from would-be hijackers to financiers.

But the case would also bring new scrutiny to the military commission system, which has a troubled history and has been criticized as a system designed to win convictions but that does not provide the legal protections of American civilian courts.

War-crimes charges against the men would almost certainly place the prosecutors in a battle over the treatment of inmates because at least two detainees tied to the 2001 terror attacks were subject to aggressive interrogation techniques that critics say amounted to torture.

One official who has been briefed on the case said the military prosecutors were considering seeking the death penalty for Mr. Mohammed, although no final decision appears to have been made. The official added that the military prosecutors had decided to focus on the Sept. 11 attacks in part as an effort to try to establish credibility for the military commission system before a new administration takes the White House next January.

Editor — More than 1,000 were tried by military commissions during or soon after World War II, with a conviction rate of 88%, slightly lower than the 93% conviction rate in all federal courts at the time.