The Weekly Standard’s Mary Katharine Ham writes of the “mixed” reaction by 9/11 family members who attended Wednesday’s Senate Judiciary Committee hearing wherein AG Eric Holder testified about the decision to prosecute Khalid Sheikh Mohammed et al in federal court:
Jon Kyl, the Arizona Republican, raised cheers from the gallery with his sharp questioning of Holder, who contended that his decision to bring 9/11 terrorists to civilian courts was based, not on politics, but on where he’d have the best shot at conviction.
“How could you be more likely to get a conviction in federal court when Khalid Sheikh Mohammed has already asked to plead guilty to a military commission and be executed,” he asked. “How can you be more likely to get a conviction in a [civilian] court than that?”
Peter Regan — who lost his dad, a New York firefighter, on 9/11 — is disturbed by the plan on several fronts. After 9/11, the then 20-year-old joined the Marines, serving two tours in Iraq before coming back home to follow in his father’s footsteps in the fire department. The possibility that they may face trial in civilian courts means suspected terrorists captured on the battlefield may have to be informed of their right to counsel and to remain silent.
“I just couldn’t imagine,” Regan says. “We’re soldiers and Marines and sailors. It’s not our job. We’re not cops. We learn Miranda rights once we come back if we want to pursue that career.”
Holder could not answer when asked by Lindsey Graham if combatants apprehended on the battlefield had ever in U.S. history been prosecuted in federal courts.
“I’ll answer it for you, and the answer is no,” the South Carolina Republican said. “We’re makin’ history. And, we’re makin’ bad history.”
MKH has the take from others who attended and keen observations about the level of agreement with Holder’s decision.
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