Attorney General Holder defends terrorism trial plans (Reuters)

WASHINGTON (Reuters) – Attorney General Eric Holder on Thursday defended the Obama administration's use of criminal courts to try terrorism suspects after a renewed call to send them to military trials at the naval base in Cuba.

Republicans and even some of President Barack Obama's fellow Democrats have sought to keep open the U.S. military prison at Guantanamo Bay, Cuba and forced the administration to use military courts for the most significant terrorism suspects, those accused of the September 11, 2001 attacks.

Holder offered a rebuttal backing traditional criminal trials for terrorism suspects, describing the backlash as "overheated rhetoric that is detached from history and from the facts."

Those who back military trials for terrorism suspects have argued that the accused should not receive full U.S. legal rights and the cities where such trials are held could become targets for attacks, pointing to Guantanamo as the best venue.

"Not one of these individuals has escaped custody. Not one of the judicial districts involved has suffered retaliatory attacks. And not one of these terrorists arrested on American soil has been tried by a military commission," Holder told the American Constitution Society, a liberal-leaning group.

A year ago before a similar audience Holder was defending both military and civilian courts for such cases.

The problem of how to arrest and prosecute terrorism suspects has dogged Obama for the last two years. Congress has blocked attempts to close the Guantanamo prison by choking off funds for transfers to U.S. soil for any reason, including prosecution.

Holder's comments follow a call by the top Senate Republican, Minority Leader Mitch McConnell, for the administration to transfer two Iraqi men arrested last month in Kentucky to military custody at Guantanamo for prosecution.

"They should be hunted and captured, detained and interrogated, and tried away from civilian populations according to the laws of war," McConnell said on Tuesday.

The two were accused in federal court of trying to help al Qaeda militants in their home country. One of them was also charged with taking part in roadside bomb attacks on U.S. troops.

Waad Ramadan Alwan and Mohanad Shareef Hammadi were charged in a 23-count indictment for allegedly trying to provide support and weapons to an al Qaeda affiliate in Iraq, in a sting operation subsequently run by U.S. authorities.

They entered the United States in 2009 after receiving refugee status and have pleaded not guilty to the charges.

Holder tried to send the five men accused of the September 11 attacks, including self-proclaimed mastermind Khalid Sheikh Mohammed, to federal court in New York, but after pressure he had to reverse his decision, so they will be tried before a military court at Guantanamo.

Holder acknowledged those setbacks, but told the group: "There is, quite simply, no more powerful tool than our civilian court system."

(Editing by Eric Walsh)

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Holder defends terror trials in civilian courts (AP)

WASHINGTON – Attorney General Eric Holder on Thursday defended the prosecution of terrorism suspects in civilian court after the top-ranking Senate Republican urged him to send two Iraqis to Guantanamo Bay rather than try them in Kentucky.

Holder criticized what he called a "rigid ideology" among political opponents working to prevent terror trials that have been successfully handled by civilian courts hundreds of times.

"Politics has no place — no place — in the impartial and effective administration of justice," Holder said in remarks prepared for delivery to the American Constitution Society's convention. "Decisions about how, where, and when to prosecute must be made by prosecutors, not politicians."

Although Holder didn't mention Senate Majority Leader Mitch McConnell by name, his comments come two days after McConnell took to the Senate floor and urged Holder's Justice Department to send terrorism suspects Waad Ramadan Alwan and Mohanad Shareef Hammadi to Navy-run prison at Guantanamo Bay, Cuba. He said a trial planned in his home state of Kentucky could risk retaliatory attacks against judges, jurors and the broader community.

The Justice Department says there have been more than 400 convictions of terrorism-related charges in civilian courts.

"Not one of these individuals has escaped custody," Holder said. "Not one of the judicial districts involved has suffered retaliatory attacks. And not one of these terrorists arrested on American soil has been tried by a military commission."

But members of Congress have successfully fought Holder over the prosecution of five other terrorism suspects planned for New York City, including alleged Sept. 11 mastermind Khalid Sheikh Mohammed. The Obama administration bowed to the political pressure and backed off the plan, saying it would instead prosecute them before a military commission.

McConnell issued a statement in response to Holder's speech that said foreign terrorists belong at the secure detention facility at Guantanamo Bay.

"There is wide, bipartisan opposition to giving the rights of U.S. citizens to men who tried to kill our troops on the battlefield," McConnell said. "Unfortunately, this administration has been working since its first week in office to do just that, regardless of the opposition in those communities or their elected leaders in Congress."

Holder insisted in his speech that civilian courts are "our most effective terror-fighting weapon."

"Despite this reality, we continue to see overheated rhetoric that is detached from history — and from the facts," Holder said. "We see crucial national security tools, once again, being put at risk by those who disparage the American criminal justice system and misguidedly claim that terror suspects cannot be tried safely in our civilian courts."

Alwan and Hammadi were arrested in the United States after being admitted as refugees from Iraq in 2009. Homeland Security officials have said the men slipped through cracks in the system that have since been fixed.

They are charged in a 23-count indictment with conspiring to send weapons and money to al-Qaida in Iraq. Alwan is also charged with attacking American soldiers in Iraq. Justice Department spokesman Dean Boyd said after their arrests, the two waived their rights to remain silent and appear quickly before a judge and were interrogated for several days to gather intelligence.

Authorities say the weapons and money from Alwan and Hammadi didn't make it to Iraq because of a tightly controlled undercover investigation. The FBI said Alwan spoke of setting roadside bombs near Bayji, Iraq, from 2003 through 2006. The FBI said investigators found his fingerprints on an unexploded bomb.

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Rogers to Holder: Leave CIA alone (AP)

By KIMBERLY DOZIER, AP Intelligence Writer Kimberly Dozier, Ap Intelligence Writer – Tue May 17, 3:35 pm ET

WASHINGTON – House intelligence chairman Mike Rogers says the Justice Department should stop investigating CIA interrogators for alleged abuse of detainees under the Bush administration. Rogers says the interrogators' work helped lead to the killing of terror mastermind Osama bin Laden.

In a letter to Attorney General Eric Holder, obtained by The Associated Press, the Michigan Republican says the interrogation program was a "vital part of the chain" that led to the successful raid on bin Laden's hideout in Pakistan two weeks ago. The Justice Department on Tuesday said "no comment."

Since 2009, the Justice Department has been investigating cases involving CIA interrogation tactics, including what the CIA inspector general called a mock execution.

There's no indication that the interrogations under investigation are related to bin Laden's capture.

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