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ACLJ Backs Congressional Legislation to Keep 9-11 Terror Trials From Being Held in Civilian Courts   

February 2, 2010

PRESIDENT  OBAMA  SHOULD  USE  MILITARY  TRIBUNALS – NOT  CIVILIAN  COURTS   

(Washington, DC) – The American Center for Law and Justice (ACLJ), focusing on constitutional law, said it supports new bi-partisan legislation spearheaded by Sen. Lindsey Graham (R-SC) to keep 9-11 terror trials from being held in civilian courts. The bill, introduced today, would prohibit federal funds from being used to finance the 9-11 terror trials in civilian courts – keeping accused terrorists out of New York City and any other U.S. city as well.  The ACLJ, which already has heard from nearly 100,000 Americans, is calling on President Obama to use military tribunals – not civilian courts – to try terror suspects.

“This shouldn’t be about a change of venue.  It should be about a change in policy,” said Jay Sekulow, Chief Counsel of the ACLJ.  “A decision to prevent the trial of accused 9-11 mastermind Khalid Sheikh Mohammed from taking place in New York City is simply not enough.  The President should keep 9-11 terror trials out of civilian courts and utilize military tribunals to administer justice.  Giving accused terrorists the same rights as those afforded to U.S. citizens is not only offensive but represents a dangerous move that puts our national security at risk.  Putting accused terrorists on trial in civilian courts would limit – and even exclude – important evidence – place our intelligence gathering techniques at risk – and even give terror suspects a platform to spew hate and incite more violence.  That’s why we support Sen. Graham’s bill – and other legislation – to keep 9-11 terror trials out of civilian courts.”

Sen. Graham was joined by numerous Senators in co-sponsoring the legislation – a bi-partisan group that includes Independent Sen. Joe Lieberman of Connecticut and Democrat Senators Blanche Lincoln of Arkansas and Jim Webb of Virginia.  The bill would prohibit the use of Justice Department funds for the prosecution of 9-11 terror suspects in civilian courts.  You can read the text of the bill here.

In addition to Senate legislation, there are several measures pending in the House that would accomplish the same goal.  Rep. Peter King (R-NY) introduced HR 4542 – a measure that would prohibit funding terror trials in civilian courts.  And, Rep. Todd Tiahrt (R-KS) has introduced HR 4111 which would strip the Justice Department of authority to prosecute enemy combatants.

This latest legislative push comes as pressure intensifies to keep Khalid Sheikh Mohammed from being tried in federal court in New York City.  The Obama Administration reportedly is now examining other sites for the trial – but is still planning to utilize the U.S. criminal justice system – not military tribunals.

A new poll from Rasmussen reveals that 67% of the American people want terrorism suspects tried by military tribunals, not civilian courts.

“The American people understand that President Obama’s flawed judicial strategy for trying terrorism suspects is simply unacceptable,” said Sekulow.  “We’ve already heard from nearly 100,000 Americans who oppose using civilian courts to try terrorism suspects.  Public opinion coupled with new Congressional legislation should spell out a clear message for President Obama – try terrorism suspects in military tribunals, not civilian courts.”

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.

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