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Confessed 9/11 mastermind set to face death penalty

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    KSM, four co-conspirators to be tried in Guantanamo Bay military court

  • Duration 4:39
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This Fox News alert now Khalid Sheikh Mohammed set to face the death penalty now for his role and the 9/11 attacks.

The Pentagon has announced a new military trial that is self confessed mastermind.

This comes three years after US attorney general Eric Holder made this very memorable proclamation.

After eight years of delaying those allegedly responsible for the attacks of September the eleventh will finally face justice.

They will be brought to -- New York.

To New York to answer for their alleged crimes in a courthouse just blocks away from where the Twin Towers once stood.

-- ran into a lot of headwinds and now this will take place back and get -- Joined now by Charles Sculley stimson he's a former deputy assistant secretary of defense for detainee is he's also senior legal fellow.

At The Heritage Foundation Colin welcome good heavy heart that it went in of people are waiting for this for a very long time more than ten years in fact so why now.

Well now because once they reluctantly sent the case back to Guantanamo for military commissions.

The process started over again.

And the convening authority person entity that owns commissions.

Reviewed submissions by the defense counsel learned counsel these are really great defense lawyers about why they should take the death -- off the table he.

Obviously disagreed with that -- -- -- the charges earlier this week and so he'll be served for the charges today probably in thirty days from today to be arraigned.

And he will be facing this -- with four others who are accused of also orchestrating the horrible events of September 11 -- the self professed mastermind.

Of all of this now the biggest issues that are going to be considered and talked about -- all of this are what testimony.

Was obtained from Khalid Sheikh Mohamed during waterboarding what will be allowed during this proceeding.

And what won't and whether or not it will complicate a conviction.

That that's correct and if Karl Rove -- let me yes steal his little white board I could show you.

How the 2009.

Military commissions act rules.

Match up very nicely against the court martial rules and standard courts martial or federal trials for that matter and so.

The congress put in place so ruled it said no evidence submitted by cruel inhuman or degrading treatment or punishment can be used and so I think.

The defense may try to make this a -- -- and a trial Martha and use.

Allegations of water boarding etc.

To try to knock out some of the charges are all of them in that government.

The chief prosecutor said look we're gonna use standard and -- evidence the same evidence we would use in federal court.

And so I think that's where the class is going to be I think -- set up right.

At one point in this case -- Sheikh Mohamed what -- wanted to plead guilty.

I wanted to be martyred now that would certainly -- things right along do you think that's still the case do you think he's gonna plead guilty again -- -- proceeding.

Look.

-- -- and ego maniac and he's gonna do weak hand to disrupt the proceedings he knows he's never going to see.

Freedom again.

And remember one of the key reforms in the 2009.

Act actually after the 2009 act was.

This in standard court's march that you cannot lead to a capital -- you -- a federal court in a state court.

It's a congress rewrote that rule recently so now you can -- -- a capital offense and then the whole trial of the of the sentencing phase -- This trial if it's going to be contestant will be years away if he pleads guilty to a capital -- may see a sentencing case in the next years ago.

Yeah obviously as you point out this this could become more about the issue of how the case is tried.

Then the actual case and that could drag this thing on for for years.

This is a quote from the executive director of the ACLU -- That raises some of the issues that we may hear more about the military commissions he says we're set it to achieve easy convictions and hide the reality of torture not to provide.

A fair trial when things.

That -- and I I I think that that's complete bunk they were set up.

To be fair and transparent.

War criminal should be tried in war crimes trials.

The rules and these commissions today are -- than those in international tribunals like the international criminal tribunal for Yugoslavia or Wanda.

International criminal court.

Com and so I think because the American public doesn't really even understand.

Nor do they watch nor -- we publicized very well standard courts marshals.

They don't understand that these rules and these commissions are virtually identical to those in court -- so mr.

Romero is just dead wrong.

I Simpson thank you very much -- -- election and.

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