(Cupventi.com) – On Thursday, former Attorney General Eric Holder strongly criticized the political figures who obstructed the federal trial of the September 11 terrorists almost 15 years ago. Holder stated that these politicians owe an apology to the victims’ families for the prolonged delay in justice against the Guantanamo Bay detainees. He asserted that had the trial been conducted in the United States, the accused would have been long convicted and merely a memory by now.
The Pentagon announced on Wednesday that Khalid Sheikh Mohammed, the alleged mastermind of the September 11 attacks, along with two co-defendants, Walid Muhammad Salih Mubarak Bin ‘Attash and Mustafa Ahmed Adam al-Hawsawi, had accepted a plea deal that spared them from the death penalty. In 2009, Holder had declared that Mohammed and four others would be tried in a federal court in Manhattan, with the intent to seek the death penalty. However, this plan faced fierce resistance from both Republicans and many Democrats in Congress, leading to a blockade on transferring detainees from Guantanamo Bay to the U.S. for trial. Holder remarked in 2013 that if the trial had proceeded in federal court, the accused would have been on death row by then.
Holder, reflecting on the lengthy legal proceedings in the military commissions at Guantanamo Bay, described the system as “Kafkaesque” due to its numerous delays. He criticized Congress for preventing a federal trial that could have delivered quicker justice.
“The people responsible for structuring this awful deal did the best they could. They were dealt a bad hand by the political hacks and those who lost faith in our justice system,” Holder stated to NBC News on Thursday.
Holder further emphasized that if his initial decision to try the accused in a federal court had been honored, they would have been convicted by now. He called for those who opposed his decision to apologize to the victims’ families. Former New York City Mayor Rudy Giuliani was a prominent opponent of Holder’s plan, arguing that a federal trial would be excessively prolonged. Giuliani did not respond to requests for comments regarding his opposition.
In retrospect, the federal court system has proven to be more efficient in delivering justice compared to the military commissions. Mohammed and his co-defendants, if tried in federal court, would likely have faced harsher confinement in a supermax prison rather than in Guantanamo Bay. Dzhokhar A. Tsarnaev, convicted for the Boston Marathon bombing, was found guilty in a federal court within two years and is now on death row in a supermax prison in Colorado.
The military commissions, however, have been criticized for their slow progress, with the September 11 crimes remaining unresolved for over two decades. Even former Attorney General William Barr acknowledged in his 2022 book that federal trials would have been more effective, describing the military commissions as a “hopeless mess.”
During the Trump administration, the Justice Department secured convictions against foreign terrorists in federal court, with Barr agreeing not to seek the death penalty against two former Islamic State group members known as the “Beatles.” Both were convicted and are serving life sentences in a supermax prison.
Republicans have attempted to blame the Biden administration for the plea deal, despite the White House stating that the decision was left to the Pentagon. Senate Republican Leader Mitch McConnell criticized the plea deal, describing it as a sign of weakness, without addressing Barr’s support for federal trials.
Senator Chris Coons acknowledged the structural issues with Guantanamo from the start, making it difficult to deliver complete justice. Senator Richard Blumenthal has long advocated for federal court trials, arguing they are better suited for handling serious crimes. Senator Chris Van Hollen, supporting the option of federal trials, questioned whether the outcome would have been different.
Senator Thom Tillis, on the other hand, expressed acceptance of the plea deal, emphasizing that Mohammed and his co-defendants will remain incarcerated for life.
The future of Guantanamo Bay detention facilities remains uncertain. Former President Barack Obama criticized Congress for blocking its closure, citing costs to taxpayers, strained relationships with allies, and national security risks. During the Biden administration, efforts have been made to quietly reduce the number of detainees, which has significantly decreased from nearly 800 to 30 as of last year.