Subject: [big campaign] Bringing Terrorists to Justice
From: Adam Blickstein <[email-masked]>
To: "[email-masked]" <[email-masked]>
Date: Wed, 4 Nov 2009 11:57:52 -0500
List-Id: <bigcampaign.googlegroups.com>

Note: GOP leader Grover Norquist agrees that US criminal courts should be used to prosecute 9/11 terror suspects, in stark opposition to the approach Sen. Lindsey Graham is advocating...

Adam

Bringing Terrorists to Justice

Washington, D.C. - Since 9/11, American courts have convicted and imprisoned nearly 200 terrorists.  In the same time period, the military detention facility at Guantanamo Bay has convicted only three detainees, while undermining the international respect and partnership we need to fight terrorism around the world. By closing Guantanamo and bringing terror suspects held there to America for prosecution, the Obama administration is attempting to succeed where the Bush administration largely failed: bring prosecutable detainees held at Guantanamo to justice. America's justice system has a long history of successfully holding and trying terrorist suspects. From the mastermind of the first World Trade Center attack to Zacarias Moussaoui-the "20th Hijacker"-to the shoe-bomber Richard Reid, our prison and court systems have a long track record of keeping our communities safe while bringing dangerous terrorists to justice. The Obama administration is applying the same record of success to detainees held at Guantanamo.  Today more than 120 national security and political leaders, from retired generals and former prosecutors to GOP strategist Grover Norquist, released a letter supporting this approach - because it will not only bring terrorists to justice, but also make America safer.

But some conservatives lack faith in our judicial system and would rather play politics with this critical national security issue . Sen. Lindsey Graham (R-SC), while right in calling for Guantanamo to be closed, is wrong in his assertion that terrorists can't be tried in federal courts. His proposed amendment to the Commerce/Justice/Science Appropriations Bill would make it impossible to try top al Qaeda figures in federal courts, opting instead for the same military commissions that have only yielded 3 convictions in 8 years.  As Secretary of Defense Gates, and Attorney General Holder have said, this is the wrong approach for bringing terrorists to justice: it ties the President's hands and doesn't conform to our legal system's long history of successful terror prosecutions. It's just more of the same failed approach that the Obama administration is trying to reverse in order to enhance American security and finally convict the terrorists that attacked America on 9/11.

The Graham amendment would prevent 9/11 terrorists from being brought to justice.  The Hill reports, "Senate Republicans are pushing a provision aimed at blocking the Obama administration from trying in U.S. civilian courts anyone accused of plotting the Sept. 11, 2001, terrorist attacks.  An amendment by Sen. Lindsey Graham (R-S.C.) would 'prohibit the use of funds for the prosecution in Article III courts of the United States of individuals involved in the Sept. 11, 2001 terrorist attacks.'"   This would make it impossible for American courts to bring the terrorists who are responsible for the most devastating terrorist attack in American history to justice.

Graham has asserted that "putting Khalid Sheikh Mohammed in the federal court system, it would be a huge mistake," and "If you take the mastermind of 9/11 and put him in federal court, you've destroyed the legal regime I think is needed to prosecute this war....Military commissions were designed to deal with war criminals."

Yet, earlier this year, Republican Defense Secretary Robert Gates explained how terrorists have been tried and convicted by American courts for years: "This started 20 years ago when I was at CIA, and we captured a Hezbollah terrorist who had been involved in killing an American sailor on an aircraft that had been taken hostage in Beirut. We brought him to the United States, put him on trial and put him in prison."In fact federal prosecutions have been extraordinarily effective. The federal prison system holds or held a large number of convicted terrorists, including:

 *   Ramzi Yousef. The mastermind of the 1993 World Trade Center bombings was convicted and sentenced in 1998 by the Federal District Court in Manhattan and is being held at ADX Florence, the supermax prison in Florence, Colorado. [NY Times, 1/9/98<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.nytimes.com%2F1998%2F01%2F09%2Fnyregion%2Fmastermind-gets-life-for-bombing-of-trade-center.html%3Fscp%3D33%26sq%3Dramzi%2520yousef%26st%3Dcse&id=preview>. NY Times, 4/5/03<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.nytimes.com%2F2003%2F04%2F05%2Fnyregion%2Fjudges-uphold-convictions-in-93-bombing.html&id=preview>]
 *   Zacharias Moussaoui. Convicted of conspiring to kill Americans for his role in the 9/11 attacks, Moussaoui is currently serving a life sentence at the ADX Florence, the supermax prison in Florence Colorado. [NY Times, 5/3/06<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.nytimes.com%2F2006%2F05%2F03%2Fus%2F03cnd-moussaoui.html%3Fscp%3D4%26sq%3Dzacharias%2520moussaoui%26st%3Dcse&id=preview>. NY Times, 5/14/06<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fquery.nytimes.com%2Fgst%2Ffullpage.html%3Fres%3D980DE0D8143EF937A25756C0A9609C8B63&id=preview>. NY Times, 5/5/06<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.nytimes.com%2F2006%2F05%2F05%2Fus%2F05moussaoui.html&id=preview>
 *   East African embassy bombing perpetrators. Wahid el-Hage, Mohammed Sadiq Odeh, Mohammed Rashed al-Owhali, and Khalfan Khamis Mohammed are all serving in ADX supermax.[NY Times, 12/25/01<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.nytimes.com%2F2001%2F12%2F25%2Fnyregion%2Fa-nation-challenged-the-embassy-plot-prison-switch-for-terrorists-in-bombings.html&id=preview>]
 *   Richard C. Reid.  The so called "Shoe Bomber," Reid was convicted for trying to blow up an airliner over the Atlantic with explosives in his shoe.  He is currently serving a life sentence at the ADX Florence supermax prison. [NY Times, 1/31/03<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.nytimes.com%2F2003%2F01%2F31%2Fus%2Fthreats-responses-bomb-plot-unrepentant-shoe-bomber-given-life-sentence-for.html&id=preview>. NY Times, 5/14/06<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.nytimes.com%2F2006%2F05%2F14%2Fus%2F14moussaoui.html%3Fscp%3D1%26sq%3Drichard%2520reid%2520florence%26st%3Dcse&id=preview>]
 *   Timothy McVeigh. Convicted of killing 168 people by blowing up the Alfred P. Murrah Federal Building in Oklahoma City, McVeigh was held in the Colorado Supermax prison, ADX Florence, until his execution on June 11, 2001. [NY Times, 6/11/01<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.nytimes.com%2F2001%2F06%2F11%2Fopinion%2Fhistory-and-timothy-mcveigh.html&id=preview>]
 *   Ali Saleh Kahlah al-Marri. The only person known to be held as an enemy combatant in the continental United States, al-Marri spent six years in the Naval Consolidated Brig in Charleston South Carolina and is now being held in the Federal Correctional Institution in Illinois. [Associated Press Via Fox News, 5/1/09<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.foxnews.com%2Fstory%2F0%2C2933%2C518546%2C00.html&id=preview>.  NY Times, 4/30/09<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.nytimes.com%2F2009%2F05%2F01%2Fus%2F01marri.html%3F_r%3D1&id=preview>]
 *   Sheikh Omar Abdel-Rahman. Responsible forplotting a series of bombings and assassinations, Omar Abdel-Rahman is currently serving a life sentence at Butner Federal Correctional Institution in North Carolina. [NY Times, 1/18/96<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.nytimes.com%2F1996%2F01%2F18%2Fnyregion%2Fsheik-sentenced-to-life-in-prison-in-bombing-plot.html&id=preview>.]
 *   Muhammad Salameh. Convicted for his role in the 1993 World Trade Center bombing, Salameh is serving a life sentence in ADX Florence. [Library of Congress, 9/99<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.fas.org%2Firp%2Fthreat%2Ffrd.html&id=preview>. NY Times, 3/5/94<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.nytimes.com%2F1994%2F03%2F05%2Fnyregion%2Fexplosion-twin-towers-4-are-convicted-bombing-world-trade-center-that-killed-6.html%3Fn%3DTop%2FReference%2FTimes%2520Topics%2FSubjects%2FW%2FWorld%2520Trade%2520Center%2520%2528NYC%2529&id=preview>.

[The Hill, 10/14/09<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fthehill.com%2Fhomenews%2Fsenate%2F63161-new-senate-fight-over-terror-trials&id=preview>. Secretary Gates, 5/22/09<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.defenselink.mil%2Fnews%2Fnewsarticle.aspx%3Fid%3D54477&id=preview>.  Politico, 10/29/09<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.politico.com%2Fnews%2Fstories%2F1009%2F28846.html&id=preview>]

National security leaders from both parties agree:  federal courts are an essential tool that Congress must leave in the president's hands to prosecute terrorists.   Last week Attorney General Eric Holder and Defense Secretary Robert Gates wrote a letter to the Senate leadership expressing their opposition to the Graham amendment, saying that it will deny the Administration the power needed to bring terrorists to justice.  The letter says, in part: "We believe it would be unwise, and set a dangerous precedent, for Congress to restrict the discretion of either department to fund particular prosecutions. The exercise of prosecutorial discretion has always been and should remain an Executive Branch function. We must be in a position to use every lawful instrument of national power... to ensure that terrorists are brought to justice and can no longer threaten American lives."

Today, the Constitution Project released a declaration signed by a large bipartisan group of prominent Americans including former members of Congress, diplomats, federal judges and prosecutors, former FBI directors, high-level military officials and national security experts.  The declaration says in part, "We, the undersigned, urge Congress and the President to support a policy for detention, treatment and trial of suspected terrorists that is consistent with U.S. treaty obligations and constitutional principles. As it moves to close Guantanamo and develop policies for handling terrorism suspects going forward, the government should rely upon our established, traditional system of justice. We are confident that the government can preserve national security without resorting to sweeping and radical departures from an American constitutional tradition that has served us effectively for over two centuries."  The report emphasizes that "Civilian federal courts are the proper forum for terrorism cases," and is signed by such varied and notable figures as, Morton Abramowitz, Steve Clemmons, Ted Sorensen, Thomas Pickering, John Dean, Alberto Mora, and even Grover Norquist.  The declaration is also endorsed by a number of retired generals and admirals.  About the declaration, David Keene, chairman of the American Conservative Union said,  "This is a declaration by Democrats and Republicans, conservatives and liberals, who represent decades of government service and a longstanding commitment to law enforcement, justice, and our nation's safety," said. "We have come together to make a stand for American values."

 David Laufman, a former prosecutor who has prosecuted terrorism cases, says that federal courts are a necessary and successful tool for bringing terrorists to justice. He writes: "The American criminal justice system has demonstrated a remarkable ability to meet the legal challenges posed by 'the war on terror.' Based on my own experience in prosecuting terrorism cases and the growing historical record, federal courts consistently have resolved complex constitutional and procedural issues that terrorism cases often present, including the use and protection of sensitive intelligence information and the admissibility of evidence obtained overseas... [Robert Gates and Eric Holder, 10/30/09<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.politico.com%2Fstatic%2FPPM110_091103_osd.html&id=preview>. The Constitution Project, 11/4/09<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.constitutionproject.org%2Fmanage%2Ffile%2F347.pdf&id=preview>. David Laufman, 07/09/09<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.huffingtonpost.com%2Fdavid-laufman%2Fguantnamo-detainees-in-us_b_228679.html&id=preview>]

Ignoring warnings from senior national security professionals, conservatives continue to fear-monger.  As the Obama administration proceeds with its efforts to bring hardened terrorists to justice, some conservatives have resorted to fear-mongering to score political points.  Last month, the fringe organization Keep America Safe, which includes neoconservatives Liz Cheney and Bill Kristol on its board, released a statement warning against prosecuting terrorists in the U.S., saying that "Americans expect their President to defend them from terrorists, not usher terrorists into the homeland."  This followed an op-ed by former Bush administration Attorney General Michael Mukasey, which warned that keeping terrorists in supermax prisons was "a danger."

Responding to Rep. Pete Hoekstra's (R - MI) use of such tactics, 11 former senior military, intelligence and national security officials, including former Guantanamo Bay Tribunal Officer Lt. Col. Stephen Abraham, former National Security Council Counterterrorism Chief Richard Clarke and former Senior CIA Officer Margaret Henoch, issued a rebuke for spreading "fear in order to score political points, and perpetuat[ing]the Bush/Cheney era strategy of seeking political victories instead of doing what's right to protect the country."  The letter also warned that "[w]e should also not allow the destructive politics of fear, which tarnish America's national security imperatives, to dictate the debate."

Earlier this year, Secretary Gates bluntly responded to conservative hysteria over bringing terrorist suspects to the U.S. for trial and imprisonment, saying "[t]he truth is, there's a lot of fear-mongering about this... We've never had an escape from a supermax prison, and that's where these guys will go; and if not one of the existing ones, we'll create a new one."  [Keep America Safe, via the NY Times, 10/20/09<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fthecaucus.blogs.nytimes.com%2F2009%2F10%2F20%2Fnew-group-releases-ad-calling-for-guantanamo-closure%2F%3Fpagemode%3Dprint&id=preview>. Michael Mukasey, 10/19/09<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fonline.wsj.com%2Farticle%2FSB10001424052748704107204574475300052267212.html&id=preview>. Letter from 11 Retired National Security Officials, 8/27/09<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.nsnetwork.org%2Fnode%2F1398&id=preview>. Secretary Gates, 5/22/09<http://rs6.net/tn.jsp?t=rjqfgcdab.0.0.olnitxbab.0&ts=S0417&p=http%3A%2F%2Fwww.defenselink.mil%2Fnews%2Fnewsarticle.aspx%3Fid%3D54477&id=preview>]

###

Adam Blickstein
Communications Director
National Security Network
202-289-7113 (office)
617-335-0859 (mobile)
[email-masked]

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