New York Congressman Defends Trying Alleged 9/11 Mastermind In U.S. Court

Rep. Jerrold Nadler (D-N.Y.), whose district is home to the courthouse where Khalid Sheikh Mohammed is facing trial, defended trying the suspected 9/11 mastermind in a U.S. court.

“I very strongly agree with the decision to bring the alleged terrorist to trial in a Federal District Court in New York City,” said Nadler during a conference call with reporters Friday. “Our federal courts have proven themselves repeatedly that they are up to the task of trying terrorists.”

Nadler added that trying Mohammed in a federal court was wiser than relying on a military tribunal.

“After eight years the Bush administration managed to get three pleas from three individuals who got short sentences. Around the same period 195 terrorists were convicted and given long sentences by the federal court,” said Nadler.

Democrats blocking executive privilege

The House Constitution, Civil Rights, and Civil Liberties Subcommittee met to discuss the State Secrets Protection Act of 2008. Rep. Jerrold Nadler (D-N.Y.) who introduced the legislation, said members of the Executive Branch are misusing the state secrets privilege to avoid Congressional oversight and thus, shielding itself from questions concerning spying against Americans and acts of torture committed at Guantanamo Bay. He said the act protects justice and, noting checks and balances, the Constitution. Rep. John Conyers (D-Mich.) referenced a Los Angeles Times article from 2006 that suggests over half of government information is over-classified.

Rep. Trent Franks (R-Ariz.) said disclosing classified information threatens the national security of the United States and that though a denial of access to judicial review may be disadvantageous for some, it is necessary for the safety of all Americans. Franks said that the post-September 11 era has shown the significant role of the state secrets privilege in the Department of Justice. He also said the Supreme Court has defended the privilege, adding that he finds it “shocking” that Democrats want courts to deviate from precedent as 200 detainees at Guantanamo Bay qualify for trial in American courts.

Meredith Fuchs of the National Security Archives supported the State Secrets Protection Act, saying that federal agencies often do not feel the need to disclose information without independent pressure. She said courts should have the right to consider evidence in claims of state secrets privilege, adding that courts should not refuse evidence provided by non-governmental experts. Steven Shapiro of the American Civil Liberties Union said Nadler’s legislation restores the state secrets privilege to its proper role and bring legal clarity. Shapiro said the ACLU supports the passing of the State Secrets Protection Act. Michael Vatis, a partner at Steptoe & Johnson, LLP expressed concern with a section of the act he said could be interpreted to mean that courts would analyze governmental and independent evidence equally. He said courts should exercise judgement but give substantial weight to the, potentially better-informed, government.

Congress working to prevent the dead from voting

The House Judiciary Committee held a hearing on lessons learned from the 2004 Presidential election that can be used to improve the upcoming election. Chairman Jerrold Nadler (D-NY) said the past two Presidential elections depleted the American people's trust in the fairness of elections.

Congressman Trent Franks (R-Ariz.) said the election process is the "lifeblood of democracy" and without its legitimacy, there can be no leaders. With a record turnout of voters expected, Congressman John Conyers (D-Mich.) said the Department of Justice should work to assure that the next election is the fairest in years.

Dan Tokaji, Associate Professor of Law and Associate Director of Election Law at the Ohio State University Michael E. Moritz School of Law, said there is significant room for improvement in elections fairness. He said that clear rules on transparency must be established before the elections. Despite admitting existent fraud, he said that legislation against it is often fueled by hyperbolic claims. Cleta Mitchell, a partner at Foley & Lardner cited the Association of Community Organizations for Reform Now (ACORN) as the largest perpetrator of elections fraud, fictionalizing voter registrations for underage voters and dead people. She said that voter fraud is widespread and not taken seriously, threatening the accuracy and legitimacy of elections.

Feith playing defense against interrogation accusations

The House Judiciary Subcommittee on Constitution, Civil Rights, and Civil Liberties held its fourth hearing on Guantanamo Bay Interrogation Rules. Subpoenaed former Undersecretary of Defense for Policy Douglas Feith gave testimony to counter accusations that he encouraged inhumane interrogation techniques.

Chairman of the Subcommittee, Jerrold Nadler (D-NY), said that the Bush administration authorized the use of torture, calling it a “disgrace.” He said that laws set forth in the Geneva Convention cannot be ignored by the administration in its favor. Douglas Feith used his testimony to defend himself against accusations made by author Philippe Sands in his book “Torture Team.” Feith first said that his subpoena to testify before the Subcommittee was unnecessary. He said that Sands portrayed him inaccurately and misquoted him several times. Feith said Sands wrote recklessly and carelessly in his book. Feith said he actually championed the Geneva Convention and only said that detainees are not worthy of POW status, because that would make intelligence impossible to gather. Feith added that he even wrote the policy for returning detainees.

Sands said at the hearing that he is open to free discussion of his book and stands to be corrected, but denies making any mistakes. From an interview, Sands quoted Feith as saying that all of the Geneva Committee does not apply to al-Qaeda detainees.

When Congressman Nadler asked Feith if interrogation tactics of questionable humanity should be allowed, Feith replied that it depends on how they are used.

Subpoena will be issued to no-show Feith, former undersecretary of Defense for Policy

The House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties met to discuss the issuance of a subpoena to Douglas Feith, the former Undersecretary of Defense for Policy. Feith was scheduled to give witness at a hearing last Wednesday, but canceled his appearance four hours before its scheduled time. The hearing was for discussion of the Bush Administration’s role in authorizing the use of abusive interrogation policies.

Feith cited the presence of another witness at the hearing, Colonel Lawrence Wilkerson as his reason for canceling. The Chairman of the Subcommittee, Jerrold Nadler (D-NY) said that Feith’s absence was “an affront” to the committee and to the country. Nadler said that Feith had a central role in forming the abusive interrogation policies so his testimony is necessary to understanding the matter. Congressman Steve King (R-Iowa) opposed the subpoena. He said that Feith deserved a second chance, rather than an immediate “sledgehammer of subpoena.” But, the committee voted nine to three in favor of the subpoena.