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[0:00] ..." Announcement coming leader today from attorney general Eric Holder that some of the Guantanamo Bay detainees will be moved to the United States mainland and that's some including Khalid Sheikh Mohammed. The alleged mastermind of the 9/11 attacks will be tried in New York City in a civilian trial. -- all sorts of"...
[1:11] ..." history of doing it and this doesn't that shocked me that there Khalid Sheikh Mohammed and others would be brought here. Certainly the Bush Administration wasn't able to prosecute them down -- get the court the Obama"...
[1:46] ..." don't forget you have allegations. And some fairly did distinctive proof that Khalid Sheikh Mohammed may have been is subjected to torture. To waterboarding to other enhance study interrogation tactics. Obviously these statements he'd be -- No"...
[5:26] ..." at gitmo realizing that the military commissions set up that the President Bush. Authorized to actually almost exactly. Seven years ago. Eight years ago now. Just are working they're not processing these men -- get"...
[0:00]" Announcement coming leader today from attorney general Eric Holder that some of the Guantanamo Bay detainees will be moved to the United States mainland and that's some including Khalid Sheikh Mohammed. The alleged mastermind of the 9/11 attacks will be tried in New York City in a civilian trial. -- all sorts of interest -- questions not to mention controversy about returning the alleged culprit to of the place. Where so many people are concerned about their continuing safety and what do civilian trial might mean in terms of protests and perhaps. Creating another target for terrorist joining us CBS legal analyst. Andrew Cohen at the first of all this is a civilian trials were a -- like these he's not unprecedented is it."
[0:43]" No absolutely not it's not unprecedented and a New York all the cities in the country. Has the most experience with these sorts of -- attack the first attack on the World Trade Center in 1993. Generated. A trial. In New York City that was successfully prosecuted the I've main culprit that Ramzi Yousef is the sitting in super max said -- in the Colorado what a life sentence. The African embassy bombing than. 1998 generated trials of New York has a long rich history of doing it and this doesn't that shocked me that there Khalid Sheikh Mohammed and others would be brought here. Certainly the Bush Administration wasn't able to prosecute them down -- get the court the Obama administration pledged to close gitmo that is that a step in that direction."
[1:26]" But day Andrew of -- aside from having the experience of prosecutorial staff at the southern district of New York handling. The lead on this it is it complicated by the fact that these people have been detained for so long in this sort of extra legal. Why -- military cause -- civilian capacity."
[1:44]" Absolutely it's complicated by I didn't and don't forget you have allegations. And some fairly did distinctive proof that Khalid Sheikh Mohammed may have been is subjected to torture. To waterboarding to other enhance study interrogation tactics. Obviously these statements he'd be -- No just a federal judges -- allow in what this tells me is that the -- believes that they have an enough other evidence. That they can successfully prosecute my -- and and the four other people but yet it's. It's very complicated there's going to be the classified information element -- can be pretrial publicity elements Mohammed himself has no potted plant when it comes to a courtroom. Work downing gitmo he tried to fire his own attorney he often -- speeches. -- before the military judges. I don't expect that change. And it puts enormous pressure of course -- federal judge you have to provide over this this trial."
[2:39]" Sheikh Mohammed it's collegiate -- apparently was subjected to what is known as waterboarding is much as a 158 times. And he apparently. Acknowledged his role in plotting the 9/11 attacks. You're suggesting bed because that was done under the address -- one perhaps were extra legal means at least in terms of civilian. Interrogations and he will be prosecuted a civilian court that that's not admissible at all."
[3:06]" Well I don't know all the facts none of -- do but yeah yes the constitution precludes someone. From giving. From prosecutors using statement that based upon coercion. And whatever else you wanna talk about when we talk about waterboarding. It was the purposely designed to course information. So I don't know -- come into the trial I would imagine a federal judge or circuit court judge. Would be very reluctant to allow that in. But that's not the into the story -- that I think there's much more evidence physical evidence and and and other evidence that doesn't necessarily rely. Mohammed -- story -- coveted the curry if Moussaoui trial a couple of years ago and I was struck by the way he he was that. Nine elevenths conspirator. And he's now also serving a life sentence also at this super max facility. He was quite brazen and quite proud of his role in nine elevenths. So you know there's the possibility that if we get. Khalid Sheikh -- into a courtroom and if you have the opportunity. If he will be proud to proclaim his ties to al-Qaeda -- to book proclaim is is involvement in 9/11 and of course because -- in court much like. As a target -- he did that the Fed won't have much to worry about. I don't think that this story here. Is what the outcome of the trial's going to be I think it's 99% certain he's going to be convicted. And probably sentenced to death that the question is how we get there what the trial looks like weather becomes more political than legal and how the US that generally deal."
[4:36]" Nintendo finally Andrew Cohen there's another suspect the involving. The the terrorist attack on the USS Cole. In inner harbor in Yemen by a small -- loaded with explosives which resulted in a heavy loss of life among sailors aboard that the navy ship. And that individual apparently is going to be tried but in a military environment. Perhaps at a brig in South Carolina."
[4:59]" Yeah I think so and I think that. To me is also insisting that suggested that maybe there isn't as much evidence against him as there would be or made their other intelligence. Activities that intelligence operations involved in that case that the feds aren't so happy and I'm not so who were willing to have to make public. The public is it would be perfectly -- on the gate they'll you know what you're seeing is the administration trying to empty that prison -- at gitmo realizing that the military commissions set up that the President Bush. Authorized to actually almost exactly. Seven years ago. Eight years ago now. Just are working they're not processing these men -- get no and so the result is we got beat something with them. And that is that this is that it should be really -- think. It -- Mohammed trial right in the heart of New York City just blocks from the World Trade Center would be the biggest trial in American history."
[5:52]" Absolutely and it's under the -- overstating the case."
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