Is the US Ready for a Civilian Trial of 9/11 Terrorist?

On November 13, the Obama administration announced that the self-proclaimed “mastermind” of the 9/11 attacks, Khalid Shaikh Mohammed, would be tried in a Manhattan federal courtroom...mere blocks away from Ground Zero. While many Democrats and civil-liberties/human-rights groups are pleased by Obama’s decision to prosecute Mohammed on American grounds, others argue that al Qaeda suspects do not “deserve” the rights guaranteed by the American justice system, claiming that the “interests of liberal special interest groups would be put before the safety and security of the American people." Accordingly, the latter group insists that accused Al Qaeda members be prosecuted before special military tribunals, as they had been previously during the Bush administration. However, Obama has stated that while his ultimate goal is to close down all military prison camps such as Guantanamo, some suspects would be tried in civilian courts, while others, depending on several factors that are to be evaluated by Justice and Pentagon prosecutors, would be tried in “modified” military commissions.

Nonetheless, the prosecution of detainees on American grounds may be seen as a markedly different approach from the policies of the Bush administration. Many see the decision to revert back to the court system as a significant step towards dismantling President Bush’s highly controversial executive orders/unilateral directives, which not only suspended the liberties and rights of the accused, but also stripped the courts and Congress of some of its powers. While the executive orders of President Bush, according to Howell, pretty much fused all three separate powers in one person, President Obama’s decision to bring Mohammed’s case to the American people upholds the Madisonian system of separation of powers and the ideals of democracy (in the classical sense). In contrast to the military commissions which were under the president's jurisdiction, the civilian trial of Mohammed, gives back to ordinary citizens the power to participate in the judicial system; this may be seen as a feat for the American legal system and the rule of law (namely due process). As Obama put it, “I am absolutely convinced that Khalid Sheik Mohammed will be subject to the most exacting demands of justice.”