President Obama's unfinished business
JD Gordon takes a look at the trial against Khalid Sheikh Mohammed
- Duration 9:07
- Date May 4, 2012
JD Gordon takes a look at the trial against Khalid Sheikh Mohammed
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All right we're back everybody and -- want to welcome my next guest who is joining us from Washington.
JD Gordon is joining us and it's great to see JD thanks for being here.
Great to see to -- happy Cinco De Mayo weekend all of them so Wayne.
I got to rest up for that one.
Think it's -- more serious note let me ask you this question I asked you guests I was on Fox News Channel this week anchoring.
To really national security type experts and I was curious whether or not they thought Intel gained.
From those at Guantanamo.
Was still relevant and our war on terror.
And they each gave me a different answer once said absolutely and the other one said they've been there too long what's your opinion.
I did see your interviews I thought there were terrific Jamie did a great job I agree with Seth you interviewed him and he said they're still providing -- -- intelligence.
Because basically what they can do is when they get new intelligence they can presented to the detainees at Guantanamo and just -- reaction do you know this person have you ever seen this person.
And a lot of the detainees at Guantanamo are are talking these days and even the ones that -- as cooperative they can judge their reaction.
So I think that it's important to have the detainees are there still valuable source of intelligence for the United States.
As we move toward Khalid Sheikh Mohammed's trial.
And we remember that he was willing to plead guilty and accept death but it hit that was not accepted.
A lot of attention will be focused on Guantanamo.
How I think that Americans will look to the facility the president's flip flop I hate to say but he did make a pledge early on it and even an executive order would close and then it didn't.
And -- doesn't talk about it too much anymore how do you think that will play in people deciding.
What type of commander in chief he has.
Well you know I think most of the people in the United States understand that Guantanamo is a lot different than when it was when it opened up in 2002.
They had some problems in the first year and it they got a lot of bad press so it was a lot worse than it seemed you know I was a spokesman for the Pentagon for the Western Hemisphere from.
And most what I did pertain to Guantanamo -- it was so newsworthy.
So for four years I take press down there and actually on -- June 5 2008.
I took about sixty pressed down the Guantanamo to see Khalid Sheikh Mohamed and the other 9/11 alleged conspirators -- rate for the first time.
And I was 47 months ago and by that time most of that most of the people NIC supporting Guantanamo.
But what President Obama came in office he basically was using not -- a lot of the the the negative stereotypes against Guantanamo it to.
To played it was base to help get elected and he -- a lot of things about -- that really weren't accurate.
And so he tried to close because he says so many strong statements on the campaign to -- to do something even it -- it didn't even if it was rash.
And by that I I mean he halted the military commissions in progress after seven months against kiss and kiss was -- to plead guilty.
He could have been -- along time ago we could have had justice for 9/11.
But instead of President Obama tried to -- follow his ideology.
Instead of being a practical president.
And so I think now he's done the right thing for one -- -- having -- salmon the other nine elevenths plotters.
-- real -- this weekend tomorrow and that's a good step.
But -- and -- just wasted four years of of our time in the United States and I think he he unfairly criticized the Bush Administration when he's basically now doing the same thing.
Why -- does kick them Khalid Sheikh Mohamed get a -- at military tribunal trial at Guantanamo.
Yet we had in in Brooklyn the trial of the suspected bombers here.
In New York.
But -- the whole construct for military commissions is that world war was al-Qaeda and so it makes sense to try them in a war court basically like we had during.
-- war to end we hadn't military commissions dating back to the revolutionary war.
Tom via standard of evidence is important to have the military commissions because there are certain things in federal court that may not be admissible.
And it's also dangerous to have these foreign terror suspects in trials in -- York.
-- get full constitutional protections remember we almost had a real disaster in New York with on the head guy want his trial.
In 2010 remember he was the east African embassy bomber.
And he was acquitted on 284 at a 285 counts.
And the only reason he was found guilty is because one of the jurors.
Who felt sorry form she finally said okay I'll agree to one charge.
And that was a conspiracy to destroy government buildings right now fortunately he got a life sentence for that but AdAware -- those charges down -- one.
-- about conspiracy to -- -- -- this guy is responsible for.
-- that's I mean there were 224 people indicted.
In these bombings between Kenya and Tanzania and so we were razor -- away from having this guy being found innocent can you believe it.
So that's why when you have -- -- the United States.
You don't want to roll the dice a solid pulling up a liquor store -- the guy goes free he may do it again.
These guys are trying to wipe out our country and kill thousands and thousands of Americans we have sent some detainees from Guantanamo back and it's been proven mostly.
They reenter the terror business.
Yeah that's right that's right we had a grant told about 780 detainees at Guantanamo.
Now there's 169 there and about at least 25% of them have gone back to terror.
There was one guy who is a suicide bomber in Iraq he -- and killed thirteen Iraqi policeman and Mosul a few years ago.
We've had other top Taliban leaders emerge in Afghanistan to -- our troops there.
We've also has some of the al-Qaeda leaders in Yemen who we've released from gitmo.
And so it's very dangerous just think you could release them and that's one of the problems I have with the Obama administration when they first him in the office.
They were trying to close gitmo and move -- into -- into the US mainland where you know could happen.
A whole level variety of judges at various levels.
Could let them out of jail and they could have been walking free in main street USA right in your -- Exactly that's why was very dangerous what the Obama administration that with and and so he congress block them from what's way to answer Kennedy for the remaining detainees police say Sheikh Mohamed.
Other co conspirators will get their trial what about the rest.
Would be closure ever.
I'll certainly not within this administration because unfortunately Republicans in congress have blocked President Obama from doing that.
But -- there's a segment -- dozens of them will be.
Candidates for military commission just like Khalid Sheikh Mohamed is right now so.
They'll be tried and if found guilty he'll be sentenced right there went on a -- There is a segment less than fifty of them that the about an illustration also came around on in their administration end they've signed off on indefinite detention.
Detainees could be held there.
Even without a trial just because we know if we release them.
Or we know we know if we try that we may not get a conviction but yet we do we do know that they'll kill Americans or try.
If we get release of the Obama administration's came around on that too which is good you know the Obama administration's done some good things for Guantanamo keeping it open.
Keeping commissions going.
But really it's it's only after every other options been exhausted.
There are was.
A lot of speculation.
On the one year date from the killing of Osama bin Laden of revenge.
Against the United States thank goodness we made it through.
Yes there may have been plots that were thwarted that we may have never know about we know that.
Law enforcement was all over it but what about after the big trial act Guantanamo this military commission trial.
He -- pretty much predict the outcome especially since Khalid Sheikh Mohamed was willing to accept a punishment and admit guilt.
You think that we will really have to be on alert.
Yes I do I think we'll be similar -- as well you know Khalid Sheikh Mohamed is a lot more charismatic and -- laden.
Khalid Sheikh Mohammed he sees itself as -- George Washington who's fighting for oppressed people he said that in court.
And he's had the court actually laughing as some of the things he says and does.
He would -- -- from the Koran.
And a very high pitched voice sounds sort like Mike Tyson I think so -- was voices.
And he's a very little guy you know he's about 54 so.
And then when that -- The judge and argue with a -- -- mr.
Sheikh Mohamed you're out of order -- out of order repeatedly.
Kiss -- would say things like OK and just sit down in the whole court would let it charismatic.
Guy I have goose bumps just thinking about you being in that close proximity.
To him I didn't make that trip but.
I -- yeah life altering experience honestly.
Well you know what one of my best friends I met on that trip and as Catherine Herridge -- he was on that trip to me with me.
To Guantanamo incident Katherine -- -- seven court.
For most of his appearances from mom mom June 2008 through January 2009 itself.
Catherine and I have been great friends ever since and that's why I'm here today that I -- -- -- always yelling for Fox's opinion I'm thrilled to know you as well JD Gordon -- to.