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8 o'clock in New York City Osama bin Laden's son in law and one time spokesman said to face a judge right now.
He's appearing today at a courthouse just steps from where the terrorists brought down the Twin Towers -- the attacks of nine elevenths.
Prosecutors say the guy was a mouthpiece for al-Qaeda this man.
He appeared at bin Laden's side in a propaganda video just one day after the attacks he called for the killing of more Americans Jews and Christians.
US forces captured him back in February any pleaded not guilty to plotting to kill Americans charges that could give him life in prison.
Now with the trials that start soon there is controversy over the decision to try him in federal court instead of at a military trial in Guantanamo Bay.
Our senior correspondent Eric -- is on fox up stories live with this outside the courthouse in lower Manhattan.
Here we saw a lot of opposition to the trial of college Sheikh Mohammed but this I'm really not so much.
Yeah that would -- chat about -- administration wanted to try and try the alleged mastermind of 9/11 here at the federal courthouse here in lower Manhattan.
There was outrage and anger from the neighborhood.
Today basically even though some of the lot and son in law is inside this courthouse -- -- it's 47 years old -- It kept him out bin -- one of the modest twenty children.
It's Davis sell Ahmad Applegate and gave -- is accused of conspiracy to column Americans for his role in al-Qaeda.
The court session today really is a pretrial conference pretty routine legal process to deal with the schedule.
Paperwork and discovery matters as you said it was best known for some of those propaganda al-Qaeda videos -- made along with his father in law defending 9/11.
Good morning after -- one of those videos he warned Muslims not to get on airplanes because he said they would be more attacks against Americans.
-- apparently has been living in Iran the last ten years.
And it's captured -- when he was -- to -- with a stopover in Jordan.
FBI brought into the United States last month.
He has that preliminary hearing ongoing right now captain Eric what are victim's family members say.
But they seem pretty mixed -- some of the victim's family members say that the only appropriate venue for these type of -- for al-Qaeda suspects.
Is -- -- for the military tribunals.
Where Khalid Sheikh Mohammed is now undergoing a pretrial hearings for his trial that could start next year.
But others say that the civilian method is the way to go Jim Richards it riches is the retired New York.
Fire department chief deputy chief his son Jimmy was killed on an eleven and he says that the assessment should be tried as soon as possible.
We deserve swift and certain justice they haven't here in New York City -- and here -- get those trials that are what probable going.
Let's get justice but of them is because -- twelve years later.
We deserve it.
-- and -- have all KSM faces the potential of death if he's convicted of -- in the civilian trial gates faces out most life in prison if he's convicted here and chef Eric Shawn live in lower.
Manhattan for us this afternoon -- -- -- -- to the judge now Fox News senior judicial analyst judge Andrew Napolitano is in studio in studio with us now.
The reason he's there has more to do with the accusations and the charges.
-- than anything else is yes yes that's correct -- ship the the Supreme Court of the United States.
Has ruled that conspiracy.
To engage in acts of terrorism is not proscribed made illegal by the laws of war.
So the military tribunals in Guantanamo Bay can only try war crimes.
It cannot try crimes that are not war crimes and the government has chosen to charge him with.
To aid a terrorist organization.
The -- that the government says he provided consisted of his speeches and his propaganda rising -- publicizing.
Osama bin Laden say efforts to kill people and and boasting about those that he did -- So that would not be a crime.
In in a military tribunal but only in a civilian court now while you were speaking there was a development downtown in lower Manhattan our producer was in the courtroom just came out of the courtroom.
That at this proceeding is over.
And that the judge for reasons that our people don't understand didn't set a trial day.
Well we are a long way from a trial date I mean he was just brought before the court for the first time two weeks ago typically the time between the first appearance.
And the actual summoning of the jury in the beginning of the trial in the federal system in the United States of America is about nine months and what happens in that nine months.
He's examined by psychiatrists to make sure he can he can communicate with his lawyers and he's mentally sound.
The government has to surrender its entire file to his lawyers and they have to look through it and they have to prepare -- yet a defense.
And they have to make application so that court to limit the case to certain specific issues.
All of that can take many many months to the accusation here is not -- correct me if I'm wrong but it's my understanding that the accusations not.
That this man did something specifically.
But that he said things yes there's no accusation that this is why he's not exposed to the death penalty shot -- no accusation that he committed any act of violence.
The accusation is that he helped al-Qaeda.
By being its mouthpiece it's it's a very interesting case because his lawyers are going to argue.
That under many Supreme Court cases as as horrific as were the words that he used and things that he said.
They were mere words and therefore protected.
Under the constitution and then -- government will say wait a minute.
These are words that publicize these horrific events and scared the daylights out of people and -- the -- who lost their loved ones and that caused harm in the court will have to decide.
Lots to do yes lasted Dillon -- under our noses right down where -- company can keep an eye out to vote thank you your --
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