Holder: Trial for 9/11 Defendants in New York Still Possible

Apr. 14, 2010 — -- During a Wednesday hearing in which he defended the Obama administration's record on prosecuting terror suspects, Attorney General Eric Holder told the Senate Judiciary Committee that a New York City trial for 9/11 mastermind Khalid Sheikh Mohammed was still an option.

Asked by Senator Jeff Sessions, R..-Ala, ranking minority member on the committee, when the Obama administration would decide on a venue for the trial, Holder said, "New York City is not off the table."

The Attorney General also clarified his earlier, much-publicized remarks about not catching Osama Bin Laden alive, saying it was still policy to capture or kill bin Laden if possible, and defended the Justice Department's handling of underwear bombing suspect Umar Abdulmutallab.

Holder denounced efforts by conservatives to "drag [through] the mud" the names of Justice Department lawyers who had represented Guantanamo Bay detainees. Yet he acknowledged that despite the Obama administration's intention to shut down "Gitmo," it might not be possible unless Congress authorizes funding for its replacement.

In his prepared testimony, Holder said the administration was still deciding what to do with five 9-11 coconspirators who are now in U.S. custody.

"No final decision has been made about the forum in which Khalid Sheikh Mohammed and his codefendants will be tried," said Holder. "As I've said from the outset, this is a close call."

Holder also said that other venues within the federal court system's Southern District of New York were also a possibility.

Sen. Sessions later told the Attorney General, "I don't think the people of New York want this trial anywhere near New York ... or in the District.

Pressed by Sen. Chuck Schumer, D.-N.Y., Holder said the administration is taking into account the opposition of New York City Mayor Mike Bloomberg, other city officials and most of the New York Congressional delegation.