Leibell Resolution to move 9/11 Terror Trials Overwhelmingly Passes State Senate
February 10, 2010
Leibell Resolution Calling on Obama Administration to move 9/11 Terror Trial Out of New York Overwhelmingly Passes State Senate; Chamber Stands Opposed to President’s Refusal to Commit to Changing Course
State Senator Vincent Leibell, the Ranking Member of the Senate Committee on Veterans, Homeland Security and Military Affairs today overwhelmingly won passage of a Senate resolution he introduced calling on the Obama administration to reverse its decision to conduct the 9/11 terror trial in New York.
The resolution (J3889) took on added importance following the President’s refusal Sunday to commit to moving the trial out of New York. Law enforcement officials estimate the failure to change course could cost State and City taxpayers up to $1 billion in increased security costs and put New Yorkers at risk.
Senator Leibell said, “Holding the terror trial in New York would unnecessarily put New Yorkers at risk and have a staggering economic impact on businesses, disrupt city residents, and cost taxpayers hundreds of millions of dollars. As the President waffles on a matter of extreme importance to New York, I am pleased that the Senate has overwhelmingly voiced its opposition to the Obama administration’s plan. I urge Congress to stand with us in support of this resolution.”
Senator Leibell introduced his resolution several weeks ago and worked with Democrats and Republicans to achieve its passage.
According to numerous published reports, Leibell noted, the Obama administration is still considering conducting the trial in New York City, despite public outcry.
Senator Leibell, a former Naval Officer, said that he supports bringing enemy combatant terrorists to trial in front of a military commission tribunal rather than in federal civilian court, as the Obama administration has proposed.
New Yorkers can sign Senator Leibell's on-line petition at nysenate.gov/trials. They can also join the new "Move the Terror Trials" Facebook page that he established.
The Leibell resolution is below:
Senate Resolution No. 3889
BY: Senator LEIBELL
URGING the Federal Government to reverse its
decision to hold civilian trials of terrorists
Khalid Sheikh Mohammed, Walid Muhammed Salih Mubarak
Bin Attash, Ramzi Bin Al Shibh, Ali Abdul-Aziz Ali,
and Mustafa Ahmed Al Hawsawi in Manhattan federal
court
WHEREAS, Throughout the course of our nation's history, from the
time of George Washington to the present day, the United States has
recognized that these terrorists, captured with the intent to attack the
United States, its people and/or its interests, and which present a
serious and immediate threat to the nation and its people, should not be
afforded the same constitutional criminal justice protections reserved
for United States citizens; and
WHEREAS, Attempting to apply the same constitutional criminal
justice protections reserved for United States citizens, and attempting
to apply the principles of our civilian courts to these terrorists,
which have openly espoused, planned and/or conducted acts of terrorism,
war and mass murder and destruction against the United States, its
people and/or its interests, is contradictory to the rules of war
followed by our soldiers during the capture of these individuals, and is
inherently inapplicable to the prosecution and administration of
justice; and
WHEREAS, Permitting these terrorists to enjoy the same
constitutional criminal justice protections reserved for United States
citizens, and awarding them the rules and procedures of our civilian
federal courts, will place a great risk on our nation's most vital
intelligence information, offer a platform for the inspiration of hatred
of the United States, and encourage fellow terrorists to commit further
acts of war and violence against this nation and this state; and
WHEREAS, The means necessary to be employed to effectively stop the
activities of these terrorists before they fulfill their missions to
espouse, plan and conduct acts of terrorism, war and mass murder and
destruction against the United States, its people and/or its interests,
are not consistent with the means to afford these individuals the same
constitutional criminal justice protections reserved for United States
citizens, or to obtain a successful prosecution of these individuals in
a civilian federal criminal court; and
WHEREAS, Despite these issues, in February 2009, the United States
Department of Justice, stayed the prosecution before a military
commission tribunal, of five of the most infamous, dangerous and devoted
Al Qaida terrorists in world history, Khalid Sheikh Mohammed, Walid
Muhammed Salih Mubarak Bin Attash, Ramzi Bin Al Shibh, Ali Abdul-Aziz
Ali, and Mustafa Ahmed Al Hawsawi; and
WHEREAS, The Government of the United States of America announced on
November 13, 2009, through U.S. Attorney General Eric Holder, plans to
prosecute avowed Al Qaida terrorists Khalid Sheikh Mohammed, Walid
Muhammed Salih Mubarak Bin Attash, Ramzi Bin Al Shibh, Ali Abdul-Aziz
Ali, and Mustafa Ahmed Al Hawsawi in federal district court in lower
Manhattan; and
WHEREAS, All of these avowed terrorists to be so prosecuted in
federal court have been directly linked to the attacks of September 11,
2001, which saw the deaths of nearly three thousand people on New York
soil; and
WHEREAS, The proposed location of this trial, in the very shadow of
where the World Trade Center once stood, and in the heart of New York
City's financial and commercial district, poses unacceptable and
significant risk, harm and threat to the safety and security of millions
of Americans and New Yorkers residing and working in the vicinity of the
federal district courthouse in Manhattan; and
WHEREAS, The risk, potential harm, threat and danger that will be
brought to New York State and New York City and its citizens, as a
result of the federal government's decision to give these avowed
terrorists a civilian trial in federal district court in Manhattan will
cause New York City, New York State and its citizens to bear not only
the huge burden of such risk, potential harm, threat and danger, but
also bear, in the midst of a deep economic recession and state fiscal
crisis, an unprecedented security cost, which officials have estimated
could reach nearly $1 billion; and
WHEREAS, It is further contemplated that these trials will cause the
State of New York, the City of New York and its citizens, many of whom
experienced the horrific events of September 11, 2001, first hand,
further unprecedented disturbance, emotional trauma and economic
hardship, with the institution of required security measures by state
and local law enforcement agencies which would need to be taken in lower
Manhattan for a period which has been estimated to be years before
completion of such trials; and
WHEREAS, New York Governor David A. Paterson, New York City Mayor
Michael Bloomberg, Julie Menin, Chairwoman of Community Board 1
(representing the neighborhoods surrounding the federal courthouse for
lower Manhattan), have all expressed serious concern and opposition to
the federal government's plan to prosecute these avowed terrorists in
New York City and cause undue and unprecedented financial hardship and
burden on the people and law enforcement agencies in the State of New
York and its political subdivisions in and around New York City; now,
therefore, be it
RESOLVED, That President Barack Obama and Attorney General Eric
Holder are hereby strongly urged by this Legislative Body to reverse
their decision to prosecute Khalid Sheikh Mohammed, Walid Muhammed Salih
Mubarak Bin Attash, Ramzi Bin Al Shibh, Ali Abdul-Aziz Ali, and Mustafa
Ahmed Al Hawsawi in federal district court in Manhattan, over the
objections of our state and local government officials; and be it
further
RESOLVED, That copies of this Resolution, suitably engrossed, be
transmitted to President Barack Obama, U.S. Attorney General Eric
Holder, and all members of the New York State Congressional delegation.
