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Bush AG: Court Terror Trials Too Dangerous

Challenges to security, secrecy would be 'overwhelming'

By Jason Farago, Newser Staff

Posted Oct 19, 2009 4:40 AM CDT

(Newser) – The Obama administration wants to try alleged 9/11 mastermind Khalid Sheikh Mohammed and other Guantanamo detainees in federal courts—and that's a major mistake, says Michael Mukasey. Terrorism trials pose "overwhelming" security challenges, and classified information would have to be revealed, warns George Bush's relatively moderate third attorney general in a Wall Street Journal op ed. "The Justice Department claims that our courts are well suited to the task," he writes. "Based on my experience, they aren't."

Mukasey has particular experience with terror cases in civilian courts. In 1995, he presided over the prosecution of Omar Abdel Rahman for the 1993 World Trade Center bombing. That trial, just like the trials for al-Qaeda's African embassy bombings, did nothing to prevent 9/11. For Mukasey, the insistence that closing Gitmo will bring instant goodwill rings pretty hollow. "In a war on terror—to use an unfashionably harsh phrase—courts should have, as the term 'war' would suggest, a supporting and not a principal role," he writes.

[Images (2)]

[Quotes (1)]

In this March 27, 2008 picture, former U.S. Attorney General Michael Mukasey addresses the Commonwealth Club San Francisco. (AP Photo/Noah Berger, File)

Former Attorney General Michael Mukasey addresses the American Bar Association's Standing Committee on Law and National Security, at the University Club in Washington. (AP Photo/Gerald Herbert)

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The rules for conducting criminal trials in federal courts have been fashioned to prosecute conventional crimes by conventional criminals. That can provide a cornucopia of valuable information to terrorists. - Michael Mukasey

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COMMENTS

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Showing 3 of 9 comments

d3wd

Oct 20, 2009 7:28 AM CDT

Notice that Obama is doing nothing to undo the injustices of the Bush administration.

So_Cal_Larry

Oct 20, 2009 7:11 AM CDT

Competence was not one of the criteria for getting a job. Actually, competence likely disqualified you for a job in the Bush Administration. It wouldn't look good to have competence in the government greater than that of the President.

So_Cal_Larry

Oct 20, 2009 7:09 AM CDT

Through President Clinton, these matters were considered legal matters. Starting with President Bush, these matters became war matters. When they were legal matters, the various department of the government were not talking to each other (they didn't trust each other - ain't that a hoot?). So information in the CIA did not go the the FBI. Raw data in the NSA was not going to the FBI for analysis and action. These were all bureaucrats fighting for turf. Damn the American people.

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Wall Street Journal (Source Grid »)

Politics • Crime & Courts • US • World

Guantanamo Bay • Khalid Sheikh Mohammed • Michael Mukasey • Guantanamo prisoners • al-Qaeda • attorney general • 9/11 attacks • Guantanamo tribunals

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Bush AG: Court Terror Trials Too Dangerous