Graham Accuses Holder Of ‘Making Bad History’ With Sept. 11 Trial Decision

November 18th, 2009 Posted By Pat Dollard.

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Fox News:

A top Senate Republican on Wednesday accused Attorney General Eric Holder of “making bad history” in his decision to send professed Sept. 11 mastermind Khalid Sheikh Mohammed and his co-conspirators to New York for trial in civilian court, as Holder defended his choice.

Sen. Lindsey Graham, R-S.C., raised concerns that Holder was imperiling national security by determining that war-time combatants, potentially even Usama bin Laden, might be sent into the criminal system.

“We’re making bad history here,” Graham said. “The big problem I have is that you’re criminalizing the war. … I think you’ve made a fundamental mistake here.”

Holder appeared before the Senate Judiciary Committee, testifying for the first time on the decision. His testimony comes after days of criticism from Republicans and Democrats alike who warned that New York civilian court is not the appropriate venue and could pose several problems for the prosecution.

Addressing complaints that he’s treating the suspects with a “pre-9/11 mentality,” Holder delivered a point-by-point rebuttal to his critics.

“I know that we are at war,” Holder declared.

The attorney general said he knew his decision would be controversial and considered it a “tough call.” He said the defendants could have been tried in either military or civilian court, since, “The 9/11 attacks were both an act of war and a violation of our federal criminal law.”

But he stood by his call to bring the five defendants into federal court, saying he considered “every alternative” and determined that New York is the venue “most likely to obtain justice for the American people.”

“We need not cower in the face of this enemy. Our institutions are strong … and our people are ready,” Holder said. Asked what might happen if the suspects are acquitted, Holder replied: “Failure is not an option. These are cases that have to be won. I don’t expect that we will have a contrary result.”

Critics say the venue could make it difficult to use evidence obtained without a warrant, create problems over classified information and give Mohammed the platform he wants.

But Holder defended the record of the civilian courts in handling international and domestic terrorists, and said Mohammed would have no more of a platform to “spew his hateful ideology” in New York than in a military commission.

“I’m not scared of what Khalid Sheikh Mohammed has to say at trial and no one else needs to be afraid either,” Holder said, adding that the judge in the case will ensure “appropriate decorum.”

Holder faced tough criticism Wednesday from Sen. Jeff Sessions, R-Ala., the ranking Republican on the committee, who said the Sept. 11 trial and several other administration decisions signal a return to a “pre-9/11 mentality.”

“I believe this decision is dangerous. I believe it’s misguided. I believe it is unnecessary,” Sessions said.

Chairman Patrick Leahy, D-Vt., defended Holder, voicing “great confidence” in the nation’s top law enforcement official.

“They committed murder here in the United States and we’ll seek justice here in the United States,” Leahy said of the defendants.

Meanwhile, President Obama said in one of a series of TV interviews during his trip to Asia that those offended by the legal privileges given to Mohammed by virtue of getting a civilian trial rather than a military tribunal won’t find it “offensive at all when he’s convicted and when the death penalty is applied to him.”

Obama quickly added that he did not mean to suggest he was prejudging the outcome of Mohammed’s trial. “I’m not going to be in that courtroom,” he said. “That’s the job of the prosecutors, the judge and the jury.”

The Associated Press contributed to this report.

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9 Responses to “Graham Accuses Holder Of ‘Making Bad History’ With Sept. 11 Trial Decision”

  1. Tellicorick

    And let’s see, isn’t this the same Lindsey Graham that voted YES in Holder’s confirmation as AG?

  2. Political.fish

    Eric Holder, under the direct order of Barack H. Obama, and with the full support of the executive administration, is acting to protect, encourage and empower our known enemies both within the United States proper, and in foreign locations. Barack H. Obama, Eric Holder and this administration are serving as proxies to our enemies and are together working to destroy our individual freedom and national soveriegnty. They are the SAME enemy of the American people.

  3. saepe expertus

    “I know that we are at war,” Holder declared.

    That sure puts you at odds with the “Present” of the United States and your ostensible boss. We can’t even use the term “War on Terror”. Freaking Farce.

    “Obama quickly added that he did not mean to suggest he was prejudging the outcome of Mohammed’s trial. “I’m not going to be in that courtroom,” he said. “That’s the job of the prosecutors, the judge and the jury.”

    This guy went to Harvard Law!!! Doesn’t he realize that any defense attorney with half a brain will file for a mistrial based on the statements of the Chief Executive (so-called)? In our system you are presumed innocent until proven guilty. These guys (HOlder and Obama) are so disrespectful of our system that they are already showing the prejudice that makes a mockery of it and will help ensure that KSM and his ilk ultimately walk away as free men. This is a damn freaking crime of the first order that will redound to the destruction of the Democrat Party.

    Question: How can you idiots be so damn sure that you are going to get a conviction? The only answer that I can come up with is that you will buy a jury. Nice…you bastards.

  4. Rob

    Mark Levin was right about Goober Lindsey Graham.

  5. ZenDraken

    There is no way this trial will work. It will be thrown out due to a whole bunch of issues: torture, rules of evidence, no Miranda rights, jurisdiction, etc.

    That leaves three possible scenarios:

    Scenario 1. Obama tells his nutjob friends “See, that won’t work”, and will send KSM back to the military tribunal system.

    Scenario 2. Obama will send KSM to the international court in The Hague, which ultimately puts the US Military, Bush, and Cheney on trial.

    Scenario 3. KSM is set free.

    Which do you think is most likely?

    • cuchieddie (Enemy of the State)

      Scenario 4. Arrest Obama, Holder, Clinton, Pelosi, Reid, Leahy, Feinstein, Boxer and all of their cronies. Try them for treason during war time. Convict. Execute. :mad:

  6. Barb

    Just look at the picture of Holder above the article, He has very narrowed, sick eyes and his finger is guarding his mouth. Body language is speaking louder than anything he says. He is pictured listening to the disrespect and disgust directed at him for this INDEFENSIBLE, KSM, NYC criminal trial. He is in deep doo doo and he deserves to reap what he sows. Look at him! He knows this could be the blow that wrecks whatever career he has left, once and for all.

    With this cowardly decision he has willfully betrayed this country and endangered keeping Americans safe.

    I hope obama’s and Holder’s complete disregard for the will of The American People backfires on these 2 freaks —BIG TIME!!! No mercy for him or obama. Traitors and scumbags, all. That goes double for al lof the greedy lawyers salivating off-stage.

  7. Sully

    Barry and Eric…. The political version of Milli Vanilli.
    Lip-syncing their way through appearing to be American.

  8. MIDTN


    ……..One asshole accusing another………

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