WASHINGTON – Texas Republican leaders in Congress are loudly denouncing today's decision by the Obama administration to move five alleged Sept. 11, 2001, conspirators to New York for trial in civilian court.

"These terrorists planned and executed the mass murder of thousands of innocent Americans. Treating them like common criminals is unconscionable," said Sen. John Cornyn, calling the Sept. 11 attacks "an act of war" that should be treated as such.

 

 

Attorney General Eric Holder just made the announcement that the terror suspects – including Khalid Shaikh Mohammed, the self-proclaimed mastermind of the attacks – will be transferred in coming weeks from the Navy jail at Guantanamo Bay, Cuba, to U.S. soil, and tried in civilian court rather than under military law.

 

"We will seek maximum penalties," Holder said, adding that "I fully expect to direct prosecutors to face the death penalty against each of the five suspects."

For Cornyn, that's not acceptable.

"Reverting to a pre-9/11 approach to fighting terrorism and bringing these dangerous individuals onto U.S. soil needlessly compromises the safety of all Americans," he said. "Putting political ideology ahead of the safety of the American people just to fulfill an ill-conceived campaign promise is irresponsible."

In Japan, a few hours before Holder's announcement, President Barack Obama defended the decision.

"This is a prosecutorial decision as well as a national security decision," he said at a joint news conference with Prime Minister Yukio Hatoyama. "I am absolutely convinced that Khalid Sheikh Mohammed will be subject to the most exacting demands of justice."

Senate Judiciary Chairman Patrick Leahy, D-Vt., lauded the move as "long overdue."

"I have always believed that the nation's federal courts are capable of trying high profile terrorism and national security cases," he said. "…By trying them in our federal courts, we demonstrate to the world that the most powerful nation on earth also trusts its judicial system – a system respected around the world."

Other key Texas Republicans joined Cornyn in denouncing the decision.

Rep Michael McCaul, R-Austin, a former federal prosecutor and key Republican on the Homeland Security Committee, criticized the treatment of detainees "as criminal defendants rather than enemies of war." He acknowledged that the Manhattan U.S. attorney's office is the best equipped to handle complex terrorism cases, though he also raised concerns about security in a city Al Qaeda has targeted repeatedly.

Texas Sen. Kay Bailey Hutchison blasted the administration for giving "terrorists the same rights as American citizens," and warned of an "unacceptable risk" that a civilian trial will jeopardize intelligence sources and methods. "The safety of our citizens must be our paramount concern and should not be undermined in order to win international applause," she said.

Rep. Lamar Smith of San Antonio, the top Republican on the House Judiciary Committee, warned that bringing the Sept. 11 conspirators to American soil could pose a danger to Americans.

And he argued that the suspects could demand protections under the Fourth Amendment, and make legal arguments regarding Miranda warnings – the right to counsel before interrogation – that they could not have made in military commission.

"Bringing terrorists to U.S. soil expands their constitutional rights and could result in shorter sentences," Smith said. "Trying terrorists in military commissions at Guantanamo Bay is the most appropriate venue and safest option for the American people. America already gives terrorists more constitutional rights than any other country. The Administration should not prioritize the rights of terrorists over the rights of Americans to be safe and secure."