The trial of the century will take place this year. Attorney General Eric Holder has decided to prosecute Khalid Sheikh Mohammed for his part in planning the Sept. 11 attacks. Mohammed will be tried in civilian court and the trial will take place blocks from where the World Trade Center once stood.
Needless to say, emotions are running high. Some, such as Rep. John Shadegg, R-Ariz., suggest that the security risk of a highly publicized trial is too great. They say New York is too tempting a target and that the upcoming trial is reckless politicizing. Rudy Giuliani and 40 percent of New Yorkers agree. There are also those who disagree, such as New York Mayor Michael Bloomberg and Rep. Jerrold Nadler, D-N.Y., “New York is tough enough,” Nadler told the New York Times.
The American Civil Liberties Union praised the decision; executive director Anthony Romero called it “an enormous victory for rule of law.” The trial will be a moment of catharsis for some who witnessed the attacks firsthand, but it is easy to understand how distressing it might prove for other residents.
Issues of security, civil rights and the considerations of New Yorkers are incredibly important and were, no doubt, highly deliberated. Another key point of significance is the decision to try Mohammed in a civilian court rather than a military court. The choice between the two was one of great importance for the administration, as it has wide-ranging legal implications for others accused of acts of terrorism.
As one accused of plotting an attack on U.S. soil from outside of its borders, Khalid Sheikh Mohammed falls into a peculiar category that falls between “enemy combatant” and “criminal” in an area of legal murkiness with little precedent. It is a landmark decision to try him as a civilian. A civilian trial will not be without legal gray areas, but Holder and the administration have deemed it to be the optimal response. Holder’s decision sets a new criterion. It is now implied that individuals in the aforementioned murky category, which includes prisoners at Guantanamo Bay, will also be tried in civilian courts.
Guantanamo Bay is one of the most powerful symbols of malcontent towards the last eight years of U.S. foreign policy. It is a point of ire to America’s allies and to people whose support it need in the Middle East. If a procedure is established for processing the 200-odd inmates to remain there, it would be a highly meaningful gesture to the international community. When Mohammed is found guilty after a fair trial in New York, it will be an impressive victory for the United States and for those responsible for bringing him to justice.
The world will be paying attention to every moment of the coming trial and to its legal implications. If handled well, it could be a momentous effort for justice on the part of the United States.
Casey Petroff is a freshman in the School of International Service and a moderate liberal columnist for The Eagle. You can reach her at edpage@theeagleonline.com.
