| Al-Qaida conspirator Zacarias Moussaoui remains the | | | | some of its intelligence sources as it presents |
| only person convicted in connection with the | | | | evidence. Prosecutors would also have to address |
| September 11, 2001 terrorist attacks. Others who | | | | whether torture was used to obtain confessions. |
| allegedly planned the 9/11 attacks are being held by | | | | Neal Katyal, a law professor at Georgetown |
| the U.S. abroad. But as of now, there are no plans to | | | | University Law Center in Washington, believes the |
| put them on trial. | | | | Bush administration would prefer to simply detain |
| Moussaoui was sentenced to life in prison after he | | | | some of the terror suspects indefinitely. |
| pled guilty to conspiring with al-Qaida to fly planes | | | | "I think the federal courts have given the president a |
| into buildings. | | | | fairly robust power to detain enemy combatants and |
| But what about some of the alleged planners of the | | | | I think they are likely to continue to do that," said |
| 9/11 attacks now in custody, like Khalid Sheikh | | | | Neal Katyal. "And so, folks like Khalid Sheik |
| Mohammed or Ramzi Binalshibh, who allegedly | | | | Mohammed, I think, are going to be detained |
| financed the 19 hijackers on September 11. | | | | indefinitely. And given that backdrop, it seems unwise |
| U.S. officials say that despite the lengthy and | | | | to bring a prosecution in which the results may be |
| challenging prosecution of Zacarias Moussaoui, criminal | | | | acquittal," he said. |
| prosecution remains an option. | | | | The Bush administration could also decide to try |
| "The Moussaoui case, I think, demonstrates that we | | | | some of the al-Qaida suspects in military |
| can be successful," said Paul McNulty, the deputy U.S. | | | | commissions, also known as military tribunals. |
| attorney general. "In our investigations, we will | | | | Professor Katyal represents Salim Ahmed Hamdan, |
| continue to use every tool and authority available to | | | | now awaiting trial as an enemy combatant at the U.S. |
| us to identify risks at the earliest stage possible. And | | | | naval base at Guantanamo Bay, Cuba. |
| in deciding whether to prosecute, we will not wait to | | | | Hamdan is challenging the Bush administration's right |
| see what becomes of risks." | | | | to try terror suspects through military tribunals |
| During the court proceedings Moussaoui was known | | | | before the U.S. Supreme Court. |
| for his disruptive outbursts in court and taunting | | | | "And he can sue the President of the United States, |
| relatives of victims who had testified. | | | | the most powerful man on earth, in the highest court |
| Legal experts and others wonder if the difficulties on | | | | of the land," Katyal said. "That is something that in |
| display in the Moussaoui case are making it less likely | | | | any other country, I think I would have to fear for |
| that the government will want to try the alleged | | | | my life and I think Hamdan would have to fear for |
| masterminds of the 9/11 attacks in open court. | | | | his. It is something remarkably American about our |
| Benjamin Wittes has written editorials about the issue | | | | system." |
| in the Washington Post newspaper. He spoke at a | | | | The Supreme Court is expected to issue a decision |
| forum on the issue sponsored by the American | | | | before the end of June on the legality of the military |
| Enterprise Institute in Washington. | | | | commissions. |
| "I mean, these are the people we have identified and | | | | While it remains unclear what the United States will |
| are in our custody and there seems to be no plans | | | | do with the alleged high profile al-Qaida members in |
| whatsoever to bring them to trial," said Wittes. | | | | custody, prosecutions of lower-level suspects |
| Trying terrorist suspects in open court could be risky | | | | continue. |
| because the government might be forced to reveal | | | | |