'Finally Face Justice'

" And it."

" Good morning."

" Just over. Eight years ago when -- morning that our nation will never forget. Nineteen hijackers working with a network of al-Qaeda conspirators around the world wants the deadliest terrorist attacks our country. Has ever seen. Nearly 3000 people lost their lives in those attacks and in the years since. Our nation has had no higher priority than bringing those who planned -- plotted the attacks to justice. When you before in October of 2000 anti terrorist attack on United States Cole killed seventeen American sailors. Today we announce a step forward in bringing those we believe were responsible for the 9/11 attacks in the attack. When the USS Cole to justice. Five detainees at Guantanamo have been charged before military commissions with participation. In the nine elevenths plot. They are Khalid Sheikh Mohammed Wali Mohammed subtly Mubarak bin Tosh. -- enough -- Ali Abdul -- a c.'s I Ali. And Mustafa Ahmed -- house so. Those proceedings have been stayed since February as have the proceedings. Pending in military commissions against four other detainees accused of different crimes. The case in military commissions against the alleged mastermind of the Cole bombing. Abdul all right team on the -- was withdrawn in February. For the past several months prosecutors at the Department of Justice have been working diligently with prosecutors from the Pentagon's office of military commissions to review the case of -- Over the past few weeks -- have personally reviewed these cases and in consultation with the secretary of defense. Have made determinations about the prosecution of ten detainees. Now held at Guantanamo. Including those charged in the 9/11 plot and the alleged mastermind of the Cole bombing. Today I am announcing -- the in federal court of the five individuals accused of conspiring to commit. The 9/11 attacks. Further have decided to refer back to the Department of Defense. Five defendants to face military commission trials including the detainees who was previously charged in the USS Cole bombing. The 9/11 cases that will be pursued in federal court. Have been jointly assigned to prosecutors from the southern district of New York in the eastern district of Virginia. And will be brought in Manhattan. In the southern district of New York. After eight years of delaying those allegedly responsible for the attacks of September the eleventh will finally face justice. He will be brought to New York to New York. To answer for their alleged crimes in a courthouse just blocks away where the Twin Towers once stood. I am confident in the ability of our courts to provide these defendants a fair trial just as they have for over 200 years. The alleged 9/11 conspirators will stand trial in our justice system before and impartial jury. Under long established rules and procedures. I also want to assure the American people that we will prosecute these cases vigorously. And we will pursue the maximum punishment available. These were extraordinary crimes. And so we will seek maximum penalties. Federal rules allow us to seek the death penalty for -- capital offenses. And while will we -- we will review the evidence and circumstances following established protocols. I fully expect to direct prosecutors to seek the death penalty against each of the alleged nine elevenths conspirators. In his speech at the national archives in May the president call for the reform the military commissions. To ensure that they are lawful fair and effective prosecution for. The reforms. Congress recently adopted to the military commissions act. Ensure that military commissions trials will be fair and that convictions obtained will be secure. I know that the Department of Justice -- defense is absolutely committed to ensuring that military commission trials will be consistent with our. Highest standards as a nation and our civilian prosecutors will continue to quote work closely. With military prosecutors to support them in that effort. In each case my decision as to whether to proceed in federal courts for military commissions was based -- protocol. That's the departments of justice and defense developed and that was announced publicly in July. Because many cases could be prosecuted in either federal courts or military commissions. That protocol sets forth a number of factors including the nature of the offense. The location. In which the offense occurred the identity of the victims and the manner in which the case was investigated. All of these things must be considered. In consultation again with the secretary of defense. Have looked at all of the relevant factors and -- case by case decisions for each detainee. It is important that we be able to use every -- possible to hold terrorists accountable for their actions. Just as a sustained campaign against terrorism requires a combination of intelligence. Law enforcement and military operations. So must our legal efforts to bring terrorists to justice involved both federal courts. And reformed military commissions. I want to thank the members of congress including senators Lindsey Graham Carl Levin. And John McCain who worked so hard to strengthen our national security by helping us pass legislation to reform the military commission system. We will continue to draw on the Pentagon support as we bring cases against the alleged 9/11 conspirators in federal court. The Justice Department has a long and -- successful history of prosecuting terrorists. For their crimes against our nation particularly in New York. Although these cases can often be complex and challenging federal prosecutors have successfully met these challenges and have. Convicted a number of terrorists who are now serving lengthy sentences in our prisons. And although the security issues presented by terrorism cases should never be minimize. -- marshals. -- court security officers and our prison officials. Have extensive experience and training dealing with dangerous dependence and I'm quite confident that they can meet the security challenges. -- posed by this case. These detainees will not be transferred to the United States for prosecution -- all legal requirements are satisfied. Including those in recent legislation requiring a 45 day notice. And report to the congress. I have already spoken this morning to governor Paterson. And to Mayor Bloomberg. And am committed to working closely with them to ensure. At all security related concerns are properly addressed I have every confidence that we can safely hold these trials in New York. As we have so many previous terrorist trials. For the many Americans who lost friends and relatives in the attacks of September the eleventh 2001. And on the USS Cole. Nothing can bring back those loved ones. But they deserve the opportunity to see the alleged plotters of those -- held accountable. In open court. And opportunity that has too long been delayed. Today's announcement marks a significant step forward in our efforts to close Guantanamo. And to bring to justice those individuals who have conspired to attack our nation. And our interest abroad. For over 200 years. Our nation has relied on -- faithful adherence to the rule of law to bring criminals to justice and provide accountability. Two victims. Once again we will ask our legal system in two venues."

" To rise to that challenge I'm confident that it will answer the call with fairness. And -- justice."

" I was -- you know. --"

" We looked at as I said be. Protocol that we worked out with the department of defense and or an individualized basis -- determination. They -- weekend I think -- most successful in bringing the cases involving the 9/11 detainees. In federal court in in New York. Facts before -- that in the case is five and eleven things you're returning to basically of the season. Well that is something -- typically happens in the criminal law that cases are typically tried in the place where. The offense occurred and so that was one of the factors there are a number of other factors that went into making that determination. Including. The nature of the people who were victims largely civilians. In New York. In addition to that. This is a matter of that -- say it happened in this country as opposed -- overseas which is different from what we might do. With regard to those who are going to be tried in the military commissions but. That is a fundamental Tenet of American jurisprudence that crimes are tried in the places where they occur. This stand trial they'll be found mentally how. Harsh interrogation techniques like waterboarding. They'll still be able to go to trial staff. I would not have authorized the bringing of these prosecutions and less I thought that the outcome in the outcome we would ultimately be successful. I will saying that I have access to information it has not been publicly released it gives me great confidence that we will be successful. In the prosecution of these cases in federal court -- her. Can you say where you expect these military commissions to be held. And he -- some approximation of how many more difficulties you expect to bring to civilian trial. We've not made any determinations yet as to where the military commissions will actually take place. And we are in the process of reviewing other cases to decide whether they will brought be brought. In federal court ordered military commissions and I expect we -- additional announcements. In the very near future. Attorney general some critics. Already spoken out and is very bad decisions congressman Peter -- been quoted as saying this makes New York more of a target how do you respond. New York has a long history of trying these kinds of cases. The person who bombed the World Trade Center -- in 1993 was tried -- the blind -- was tried there. New York has a hardened system. We have talked to the Marshal service -- An analysis was done about the capabilities that exist in New York I'm quite confident that we can safely hold. People -- that we can protect people -- Surround the court house area. And -- bring these cases successfully so I don't think that that criticisms facts -- based it."

" At least -- my family member has spoken up and says they're afraid that this. Trial of the civilian court -- you. The defense. Behind rhetoric into -- the US justice system are you at all concerned about him."

" Well I'm confident that whatever judges assigned to this case will maintain. The dignity of the proceedings and make sure that the only thing debt gets on the record is that which is relevant and that is -- focus on whether or not. -- the focus should be on -- Nam war is innocent so I'm. Confident as I am with -- I'm comfortable with who -- to that particular judge whoever he or she might be as I'm confident all federal judges who have. Who have that --"

" You can have kids."

" I would not have authorized the prosecution of these cases unless I was confident that our outcome would be a successful one."

" A lot of not loving family members of the -- bit expensive system way. What are some older commissioner was -- doing the work. As my colleague pointed out there concerned that some judge finished. Slide that somebody done something wrong prosecutions per. -- to be wandering -- streets. Anywhere. How to you reassure the family members of that's not. -- happen -- these guys are gonna be let go or exonerated somehow you're technicality."

" I look -- the great work that was done by lawyers for the Department of Defense. The office of military commissions Department of Justice. -- a prosecutor myself. Look at the evidence I've considered the problems that these cases present and I'm quite confident that we're gonna be successful. In the prosecution efforts. If I was concerned about. The forum -- leading to a positive result what -- had a concern. The different concern. You know we would perhaps be in a different place but the reality it's and I want to be as assuring as as I can. That based on all of my experience in based on all of the recommendations. In the great work and research that has been done. That I am quite confident that the outcomes in these cases will be successful it's. You're saying you're doing this -- who'll -- for -- of justice if you're picking different forums. For different defendants based on where you can be sure that the outcome will be a conviction and -- military commissions on those three are less sure evidently. How's that. -- question of looking at outcome it's a question trying to decide exactly where -- cases more appropriately brought if one looks at. What has happened in federal quote we've certainly done and have a great deal of experience with bringing terrorist cases when it comes team. Cases that violate the -- of law. Here's a greater experience I think with regard to -- military commissions and so those are among the factors that we take into consideration we're not looking for. Outcomes trying to decide we are we can get a better outcome in one case -- we look at a whole variety of factors that are contained. As I sit in that that protocol that is publicly available and make a case by case determination quiet -- default file of the ones that are going to military commissions over the site today. Is that because. Those were military targets but the cool. -- attacks are primarily civilian targets that's funny characters. There are a variety of factors that go into it certainly with regard to the Cole bombing that was an attack on. One -- United States warship and that I think is appropriately placed into the military commission setting at least one of the others involves an attack on one of our soldiers. So that is among the factors that we considered in making determinations as to whether they go into. But civilian federal courts for the military commissions."

" In other words it's -- it's important. I'm wondering if you thought you'd expect -- positive -- to go on trial together we're going to be."

" We charging them with the most serious offenses that are appropriate and we are as I indicated. Seeking the most serious. Punishment. I -- I -- I expect to ask for the death penalty. When it comes to the prosecution of those five individuals. That is. I think any indication how serious -- these cases. I consequential -- negative -- consequential their actions were and how ultimately they must face. The ultimate justice as --"

" Records their later Canadians -- heard arguments -- transferable mark potter to Canada. The lawyer for Carter suggested today that order will be transferred to the United States should be -- Carter be transferred here for trial and -- the Canadian -- direction government candidates could request harder to be transferred to Canada. Would you consider that request or wounded -- commission trials here from back."

" Well we'll look at many -- matter. At this point I'd it is one I think we wanted to cases does that designated for commission a commission proceeding. And we will as that case proceeds. See how it should be ultimately treat. Yeah."

" Full disclosure. -- And these were treated -- and want to get as much of that for the injury as they can. What are -- department's position be on whether defense will be entitled to know the full story. Power -- teams were treated while they were in US custody."

" I think the question among the questions that have to be asked in that regard is. -- is relevant. How relevant war. Those states will those statements being used. I don't know what the defense will try to do talk to speculate at this point it's -- hard to know exactly what our response will be. But I'm quite carpet on the basis of the evidence that we will be able to present some of which as I said has not been. Even publicly discussed before. That we will be successful in our attempts to convict those men who are I don't that happens -- Well we'll see what emotions they file and dumb we'll see what responses we make -- a judge will ultimately make that determination -- Departures White House counsel -- Yeah it was a surprise come. -- Craig is a great lawyer he has been a great friend -- the Justice Department we've had a good relationship with him. He has I think contributed in a significant way. To -- success. This administration. And I think to the success of the effort to close Guantanamo. -- a friend of mine. And those who have tried team placed on him. I think -- unfair. Proportion of the blame is too wide. Things have not proceeded perhaps as we have -- it with regard to. Guantanamo. That's simply unfair. He is a great lawyer he's been of great White House counsel. He was an early supporter. This president and I know he leaves. With with the thanks of the president and certainly with my gratitude and."

" We talked about how. -- is enough to help talk."

" Well as I've said before I think it's going to be difficult to close the facility by January -- 22. And one of the things that I think. Is most problematic in that regard is trying to relocate. The people who are gonna be approved for transfer finding places where. They can be safely placed. Both for the nation that will host them and for. -- Americans for American citizens. I'm not sure we're gonna be able to complete that process by January 22 though we are constantly in the process trying to do exactly that -- for."

" Lieutenant that we brought in USO the offensive. -- going to be."

" central location you can assess how -- right now. My expectation is that they will be housed. As all defendants are near the places where the trials will will occur. Charges will be filed. I think that's hard to say. We will seek to bring these indictments as quickly as we can. Well obviously have to follow the laws have been passed by congress with what notifications 45 day waiting period. But I would expect that we will have indictments. Returned relatively soon yeah."

" Other news -- Charging that was the most -- that's appropriate and you didn't months is specifically the going to return. I can you elaborate on that. We've got conspiracy specifically your wishful thinking."

" You'll be charged for -- What we believe they did in edits to masterminding carry out 9/11 attacks. -- better. How close call wizards. --"

" That's right."

" I think I've only been attorney general for eight or nine months I think this is about the toughest decision that I had to make as attorney general. Trying to balance. The need to insure that we maximize our chances of success and hold accountable the people who committed these. Heinous offenses. Well at the same time adhering to what I think it's been a guide for this administration adherence to the rule of law. Balancing all those factors taking into account. The desires of of the victims try to protect classified. Information taking all these things into -- It has been a very difficult decision but I'm comfortable with decisions that we made with regard to the placement of people. Both in civilian courts as well as the military commissions. Your -- with the legal reasons for these decisions and how you expect this play out legally. Are you how concerned are you about how this will play out politically because obviously there's the hills public opinion which some polls just. Really a fan of this idea of -- My job as attorney general is to look at the law. -- the facts to the law. And ultimately do what I think is in the best interest of this country and our system of justice those are my guys to the extent that. There are political consequences. Well you know I'll just have to take my lumps to the extent that those are -- my way. But I think if people will -- neutral and detached way look at the decision that I have me today. Understand the reasons why I made those decisions and try to. Do something that's rare in Washington -- the politics out of it and focus on what's in the best interest of this country I think the criticism will be relatively muted. Having said that I'm sure will -- a lot of pitches. Address your concerns about speed trials like these cases and also how much of these trials we expect revealed Republicans. I don't speculate about -- any particular motion is that that might be filed with regard to the openness of the trials I think we didn't. Get. A sense of that from other. Significant terrorist trials that have occurred where they were largely open. Portions of them will likely be close. So that classified information sources and methods aren't. Are not revealed. But I would expect that these trials will be. Open to the public open to the world. And open to the survivors and victims these these heinous acts. -- We try to do things together. I expect that we will try them together and I expect -- through a -- really searching. Complete wipe your process that we can come up with injury that will ensure that the defendants will get. -- trial in New York."