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Dan Collins

Dan Collins

Posted: February 3, 2010 11:51 AM

The Big Apple's 9/11 Blues

What's Your Reaction:

Interesting to think that only a couple of weeks ago ago, New York City was going to be the place where the man accused of organizing the 9/11 attack on the World Trade Center met American justice. We could handle it. We wanted to handle it.

Now, that's all over.

So, perhaps, is the Obama administration's plan to end the Bush-era assault on the Constitution. If so, New York City will have been the critical player in turning back the tide.

New York City is good at trying terrorists. While that might not be the skill everyone was hoping to perfect, we've got it down pat. Most notably, the men who carried out the 1993 bombing of the World Trade Center were convicted here.

When the Obama administration announced New York City as the site for the trial of Khalid Sheikh Mohammed, the admitted chief architect of the 9/11 attack, it seemed both appropriate and doable.

The mayor, our senior senator, and other top officials all said the city could and would handle the challenge. The loudest naysayer was Rep. Peter King of Long Island, the area's lone Republican in Washington. But these days, Peter King complains about everything.

Then, a few weeks ago, Police Commissioner Ray Kelly let downtown business leaders in on his plans for security. Everyone went nuts.

Kelly envisioned a "soft perimeter" between Canal Street and City Hall Park, full of cops, dotted with unannounced vehicle checkpoints. The "hard perimeter," surrounded by barricades, would enclose three courthouses, police headquarters, the correctional center, a church and an apartment building housing 600 families. Nothing was getting into the hard perimeter until it was scanned or searched.

The local community board was already up in arms, and now virtually every real estate mogul, Wall Street honcho and business interest below Canal Street began howling. Kelly put a price tag of $200 million per year on the effort. That freaked everyone out even further, since no one had been imagining a trial that went on into infinity.

Mayor Bloomberg made a fast turnaround and expressed the fond desire that the feds move their trial somewhere else. Senator Chuck Schumer did likewise. The Justice Department blanched at the cost, and the sudden resistance from the city's powers that be.

By the end of last week the trial was homeless. "Any community in America is going to object in the same way New York finally did," said Senate Minority Leader Mitch O'Connell with obvious satisfaction.

The Republicans' deep interest in this matter has virtually nothing to do with the comfort of New York City and everything to do with their desire to brand Obama as soft on terrorism. They want to keep the Guantanamo prisoners where they are, and restrict any trials to military courts.

Senator Lindsay Graham quickly announced he was re-introducing a bill to block civilian trials for the five alleged 9/11 plotters. King wants to bar civilian trials for anyone at Guantanamo. Others believe that all accused terrorists are soldiers, and therefore the business of the military and the military alone.

No one has actually made a good argument for why Khalid Sheik Mohammed and the other accused plotters can't be handled by our courts, too. The theory that they would use the court as some kind of bully pulpit to convert the unwary to terrorism hasn't held up in any of the previous cases, which included true believers whose powers of persuasion were far greater. The judges, juries and lawyers all handled their duties well.

The Republicans' most powerful argument is actually the worst - that Americans would be too frightened to meet the challenge. They terrified small, rural towns with maximum security prisons into believing that the Guantanamo prisoners would be a clear and present danger. (If the prisoners couldn't escape, the argument went, their presence would still attract terrorist friends and families into the area.) Now they're doing the same thing with the judicial process.

Not only did the city rebel at playing host to the 9/11 trial last week. It also set of a series of not-in-my-town dominoes that make it increasingly unlikely that any community will be willing to assume the responsibility of taking on the trial. (The notable exception was the mayor of Newburgh, NY, who has a courthouse that needs paying off. But so far, no one seems to be taking the offer seriously.)

All in all, it's not a pretty picture for New Yorkers.

As the ninth anniversary of the WTC attack approaches, Osama bin Laden is still on the loose. The city has emerged as a key architect of the too-scary-to-handle response to terror. The replacement of the World Trade Center remains years away amid endless bickering between developer Larry Silverstein and the Port Authority. And thousands of brave men and women who rushed to ground zero to help on 9/11 - the construction workers and the emergency responders - continue to suffer from illnesses that almost surely were caused by their long exposure to toxic air at the site.

Not what we were hoping for.

 
Interesting to think that only a couple of weeks ago ago, New York City was going to be the place where the man accused of organizing the 9/11 attack on the World Trade Center met American justice. W...
Interesting to think that only a couple of weeks ago ago, New York City was going to be the place where the man accused of organizing the 9/11 attack on the World Trade Center met American justice. W...
 
 
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12:05 AM on 02/05/2010
According to Rudy Guiliani, there wasn't an attack on New York. I don't know why this is even an issue.

Seriously, regarding the distinction between the words "enemy combatants" and "citizens", there isn't any. Try reading the 5th Amendement of the United States Constitution. It clearly only refers to "person(s)" and in no place in the entire document do "combatant" or "enemy" exist. Therefore, the trial process applies to these civilians (meaning, "non military") . In fact, try finding where the Constitution gives the military, a government body, the right to tribunals. But hey, who's needed that "old piece of paper" for the past nine years anyway?
01:30 PM on 02/06/2010
Exactly so. Every PERSON within our jurisdiction is to be accorded due process of law, equal treatment before the law. This is OUR law. If we don't respect it...
11:57 PM on 02/04/2010
I think that this criminal should be tried in court and not in a tribunal. At first I supported a tribunal and thought obama was wrong but after seeing this article I could understand why these terrorists have no place in a tribunal:

http://bit.ly/aTWT71
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Cosatjockomo
01:29 PM on 02/04/2010
Enemy combatants admittedly guilty of war crimes (using civilian aircraft to attack civilian targets) deserve only summary military proceedings before facing a firing squad using the cheapest available bullets. Their bodies can then be used as fill for old latrine holes.
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Jim bob
Be the change you wish to see.
03:37 PM on 02/04/2010
To say or imply that they were or are military is an insult to our military. Stop being unamerican and insulting our military.
01:34 PM on 02/06/2010
This only elevates their status from common, bloody crimnal (which is what we allege they are) to SOLDIER fighting for a cause... the distinction between "combatant" and "soldier" or "warrior" is: exactly nothing...two words, same meaning. Maybe you ought to think carefully before you decide if you (or our country) really want to make this concession, Cosat.
10:30 AM on 02/04/2010
This is NOT about fear mongering or NYs running scared. This is about people who live & work in Manhattan south, who would be Much more than a little inconvenienced by these proceedings and the security rings put into place, the same people whose businesses & homes were also adversely affected by the events of 9/11, stores shut down for weeks, people who had to wait for hours on the outside of barricadesdaily because they had no I.D. to get back into their own homes, and those whose homes/businesses were destroyed by the debris from the WTC. Unless you live or work in NYC, you have no idea how difficult it would be for the average person to move around a very large portion of Manhattan, whether walking, taking public transportation or driving, it would a mess. The security cost is huge, the Feds only want to pay for one year of the security. NY does not have $$ for securing this event, the mayor is laying off people & closing firehouses. Collins tries to link the ongoing health problems of first responders to not holding the trials in the city. Does that mean we don't care? NO. I am a NYC 1st responder... These are terrorists, not AMERICAN CITIZENS and should be tried by a military tribunal at a fraction of the cost, with no disruption to any American city. NYers have not forgotten, but we are not children, having the trials here would not be karmic payback.
05:26 PM on 02/06/2010
The inconvenience anticipated is not necessary, nor a consequence of conducting ordinary criminal trials, or even extraordinary criminal trials... we (including NYC) do that all the time, in every major city in the country. The ridiculously overbearing and overdone "proposed security procedures" are the cause of the only major inconvenience to anyone. And since they are mostly proposed for all the wrong reasons (because the planners get to make a very big deal out of...well, themselves... and because grossly exagerrating the probable risks with all this sturm und drang serves the political ends of those responsible for these proposals) even though the whole three ring circus only works to the strategic disadvantage of the United States (by aggrandizing the criminals on trial... by elevating their imporance, and the appearance that they have frightened Americans into a bunch of simpering wimps). Try them in criminal court. They will be convicted...they will be sentenced to prison forever. Toss 'em in, lock the bars. Done. Quit making more of these clowns than they are. Quit helping the terrorists terrorize.
08:07 AM on 02/04/2010
I think Bush and his pals were the enemy of the state on 9/11 not just Osama Bin Laden. That said, I also agree with him and Cheney on a few points here.

1.) These are not "soldiers" of a state. They are not domestic terrorists or assasins. They are "Enemy Combatants" of no particular sect, state, religion, or country. They are the true definition of terrorists. Their goal : ambiguous general and overwhelming and partially successful.

2.) These terrorists do not deserve the FULL extent of our laws as they apply to CITIZENS. They are treasonous to the country they were born in and treasonous in the face of humanity. They committed crimes against humanity by targeting civilians. We used to just have a military tribunal and shoot the bastards or behead them IN THE FIELD. I say we do it again.

3.) New York has shouldered our attack enough. Bring them to Texas and hold a military trial with limited media access. Trust me when I say, Texas would LOVE for something to get out of hand. We have the death penalty here and we like it that way. Hell we don't even need evidence to execute.
01:05 PM on 02/04/2010
I absolutely agree. Not because I’m in league with Republicans, but rather these people are enemy combatants. They have no civilian rights. They were fought by the military, caught by the military, and their justice should be handled in a military way.

Their presence in America was not to study; do business or visit relatives. It was to plan and carry out an attack on the people of the US… specifically civilians. Even with the millions available to them in funds provided by well-to-do Saudi’s, there was no attempt to redress any perceived perturbations of the west on their culture. No, through some sociopath interpretation of the Koran decided to carry out a vigilante Jihad that has to be abhorrent to any Allah fearing Muslim.

I have not noticed any comments from the Saudi monarchy as to what we should do with these people. I have not heard any cries that a military tribunal would be some sort of “kangaroo court” and an affront to Saudi sensibilities.

Maybe we should get out of the middle-east for a couple of decades. That gas station will be open to who ever needs to fill up. We can still defend Israel…defend them…not fight their wars for them.
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Jim bob
Be the change you wish to see.
03:38 PM on 02/04/2010
Our laws apply to everyone here, not just citizens. Why do you hate the constitution? Are you afraid?
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thereisnotomorrow
01:42 AM on 03/05/2010
I agree Jim Bob. Do these so called "Americans" know nothing about the Constitution?? It's the foundation of our nation!!!

Go back to school America! Apply for a library card and read books.

The U.S. should not act according to Jack Bauer's handbook, but according to our Constitution!

True traitors spit on the U.S. Constitution.
04:18 AM on 02/04/2010
New Yorkers should be up in arms DEMANDING the city hold court to these.... people.
01:47 AM on 02/04/2010
Why spend millions; why inconvenience New Yorkers; why put New Yorkers at risk; why give KSM etal (savages, not people) constitutional rights; why risk giving up classified and intel info to the enemy....the list could be longer.

But, alas, there is an obvious answer. It's more important to restore "America's image" in the world.....well not exactly. It's MORE IMPORTANT FOR OUR PRESIDENT TO HAVE A QUINTESSENTIAL IMAGE IN THE WORLD.........oops, I've just been reminded of the words of that great American personality and statesman, Barack Obama: " IT'S NOT ABOUT ME".
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Michael Henry Adams
PRESERVATIONIST, HISTORIAN, COMMUNITY ACTIVIST!
08:35 AM on 02/04/2010
what ought we to do when someone determines that you, or someone you care for is sub-human and not worthy of due process? this was what the founding fathers sought to guard against, prejudicial demonization that condemned people before they went to trial
12:28 AM on 02/04/2010
"Well, there is no doubt that we have not done a particularly effective job in sorting through who are truly dangerous individuals that we've got to make sure are not a threat to us, who are folks that we just swept up. The whole premise of Guantanamo promoted by Vice President Cheney was that somehow the American system of justice was not up to the task of dealing with these terrorists. I fundamentally disagree with that. Now, do these folks deserve Miranda rights? Do they deserve to be treated like a shoplifter down the block? Of course not," Obama said.
http://wcbstv.com/national/Barack.Obama.Dick.2.965981.html What are Miranda rights?
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Michael Henry Adams
PRESERVATIONIST, HISTORIAN, COMMUNITY ACTIVIST!
09:48 PM on 02/03/2010
what complete utter cowardice! what's the court house for? why not demolish it and put up a 20 storey parking garage , that will make things easier on lower Manhattan residents won't it? Timothy McVeigh was not tried at an army base and we survived...
10:02 PM on 02/03/2010
Cowardice? Putting millions of American men, women, and children in a very possible harms way to prove a point is an amazingly foolish thing to attempt. Try them all somewhere easily protected. We shouldn't endeavor to make an attack on us any more inviting than it already is.
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Michael Henry Adams
PRESERVATIONIST, HISTORIAN, COMMUNITY ACTIVIST!
10:28 PM on 02/03/2010
Alas the fortress you describe doesn't exist, which is only to say, try them where you will and NY remains just as attractive a target, more so indeed as we'd have been lulled into a false sense of security and caught off gaurd when the attack came. Just what, for instance made Detroit a target?

nor has America a tradition of star chambers where we try people in secret. The little 'point' that you refer to, is in fact, the only worthwhile point there is: that we are different from terrorist and despots and tyrants, we are not gratuitously cruel and try never to be unjust, because that's un-American.

There are plenty of Timothy McVeigh's white supremacist fear mongers out there still, but we didn't kowtow to them and nor should we bow to others out of being afraid now!
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Jim bob
Be the change you wish to see.
03:40 PM on 02/04/2010
Amerians harm themselves much more than any others do. 50,000 dead per year: car accidents. 400,000 or so=--smoking cigarettes. This is amazingly foolish, not trying criminals in court according to our stated principles.
01:38 PM on 02/04/2010
Timothy McVeigh was not an off-shore enemy combatant or represented another state that had umbrage with America. He was a citizen of the U.S!

As I recall, TM was tried, convicted, and executed in fewer years than some of those that have been languishing in Gitmo. What seems shameful is that tribunals were not held there years ago. One of the hallmarks of American justice is that it should be swift. All we have provided for ourselves in not handling the justice issue in a timely way is a clear definition of “rendering” to the rest of the world.
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edgarcaycedoc
09:39 PM on 02/03/2010
The judge controls the courtroom, and the defendant cannot make it about the anti-Islamic thoughts and actions of the US unless the judge allows it. Remember Bobby Seale following the 1968 Democratic convention in Chicago. The judge had him bound and gagged, and the trial proceeded without his interruptions. This also has precedent in other settings where the defendant was bound and gagged. It is a bogus reason to try to undermine a Democratic president. Nothing else.
08:47 PM on 02/03/2010
The aggressive acts of 9/11 were committed against our entire society - not just our armed forces that were charged with finding and detaining the perpetrators. Therefore, it is only logical that the suspects should be tried in federal courts rather than military tribunals. After all, the heinous acts were an intended affront to every one of us.
The Bush administration's parlance of the term "enemy combatants," as well as the construction of Gitmo off our soil, were convenient niceties that psychologically coddled public fear while justifying American military action abroad.
If the of our military invasions in the Middle East goal was to simply capture and punish suspects, we could have lined up the captives and shot them spot on. But, since we claim to be of higher and mightier ilk than common street thugs, we should follow the edicts of the very laws that we hold so sacred as a nation.
Yes, the New York politicos have been quick to play the fear card. Yes, the cost and inconvenience are tremendous. Yes, the negative attention the KMS trial would foist on the entire NYC area is worrisome.
But, to label the Prez "soft on terrorism" because he is considering New Yorkers' perspectives, is a shortsighted kneejerk response. We need to trust that he will work with the DOJ to find an exemplary alternative site that honors the integrity of our Constitution.
09:53 PM on 02/03/2010
Illogical. Would you try a foreign military leader in civilian court if he masterminded an unprovoked murderous bomb drop on Manhattan? Certainly not! These terrorists saw themselves as enemy combatants - and that's precisely what they were! Instigators and participants of obscene acts of war, whomever they may be or where ever they may be from, should experience a justice meted out by military tribunal.
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Michael Henry Adams
PRESERVATIONIST, HISTORIAN, COMMUNITY ACTIVIST!
10:34 PM on 02/03/2010
John W. Booth was tried in a Virginia state court, John Brown in a federal court, as was Tim McVeigh...
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Jim bob
Be the change you wish to see.
03:43 PM on 02/04/2010
Keywords "military leader". Different. Not military. No matter how you convolute the language. 19 people. Criminals, perhaps aided and abetted. Is this what you don't want to discuss? the co-conspirators? or the incompetence? Lots of things to hide here, pick one.
08:18 PM on 02/03/2010
You wrote about the end of the Administration's attempt to end the "Bush-era assault on the Constitution" What about the Obama Administration's assault on the Constitution? Where in the Constitution does it give the Federal Government the right to own GM? or favor the auto-unions over GM bond holders? or require every citizen to purchase health insurance under Obamacare? etc. etc.
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Michael Henry Adams
PRESERVATIONIST, HISTORIAN, COMMUNITY ACTIVIST!
09:55 PM on 02/03/2010
that's the part that calls for upholding the Constitution and governing for the benefit of the citizenry, which by the way, meant attempting to not have 20 percent unemployment, which abandoning the auto industry would have meant, and trying to pay our debts, which with Medicaid and Medicare, and without reform, is impossible!
10:15 PM on 02/03/2010
By your constitutional definition of "benefit of the citizenry" our Federal Government can do pretty much ANYTHING they decide they want to that meets their "benefit of the citizenry" determination, including, I suppose, a spying on those political iconoclasts who don't, according to them, meet the same criteria.
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eileenflemingWAWA
http://www.wearewideawake.org/
08:05 PM on 02/03/2010
"We have come to be one of the worst ruled, one of the most completely controlled and dominated Governments in the world - no longer a Government of free opinion, no longer a Government by conviction and vote of the majority, but a Government by the opinion and duress of small groups of dominant men." - Woodrow Wilson

A few days after THAT DAY, President Bush went on TV and told we the people to “GO SHOP!” If we wanted to HELP and that “They hated us because we were free!”

I did NOT react with FEAR to THAT DAY; but curiosity and I did NOT want to shop!

I wondered if ‘They’ hated us so much to target and murder innocent people had something to do with Americans mindless over consumption of the world’s resources and apathy towards the poor and oppressed.

Up until THAT DAY we call 9/11, I was your typical self-satisfied, self-centered, uninformed, misinformed comfortable American.

THAT DAY, changed everything!

“Another thing is that acting out of fear makes one do stupid, irrational things...never ever react out of fear, for fear drives out compassion and hardens the heart.”

http://wearewideawake.org/index.php?option=com_content&task=view&id=640&Itemid=176
10:26 PM on 02/03/2010
Fear is sometimes a rational emotional response to surrounding events. If someone is shooting at you with a gun, you wouldn't consider standing up and blithely walking away.
07:41 PM on 02/03/2010
It's nice to know that even an imagined fear if future terrorism can intimidate New Yorkers into abandoning their principles. I wiinder what the fire fighter who went into the WTC buildings would think of them.
08:59 AM on 02/04/2010
He would probably think, "Why don't we do what the guy wanted us to do? He plead guilty and asked to be put to death."
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littlemonster
Grrrrrrrrrrr
07:30 PM on 02/03/2010
These colors don't run. They sh#t their pants and hide under the nearest lame talking point.
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Jim bob
Be the change you wish to see.
03:47 PM on 02/04/2010
They may not run. The fake flags these creeps who are busy wetting their pants bought at wal-mart might. They definitely shred when flown off the back of their pickup trucks for a couple of years. And from the big flagpoles at used-car dealers, day and night, rain and shine. Those flags require burning, but what the hey, they aren't up there for respect, they're up there to cover up the motives of those who fly them-respect be damned.
03:36 PM on 02/05/2010
what happened to the idea to use Governor's Island as the place for a trial--easy to defend against all manner of terrorists, including media. cb