News Resources
Eight Million Angry People? On Seating an Impartial Jury for KSM
http://blogs.wsj.com/law/2009/11/30/eight-million-angry-people-on-seating-an-impartial-jury-for-ksm/
Holder Defends Decision to Use U.S. Court for 9/11 Trial
http://www.nytimes.com/2009/11/19/us/19detain.html
Graham Accuses Holder of 'Making Bad History' With Sept. 11 Trial Decision
http://www.foxnews.com/politics/2009/11/18/holder-testify-sept-trial-decision-capitol-hill/
Bill of Rights Resources
Military Tribunals
http://www.crf-usa.org/america-responds-to-terrorism/military-tribunals.html
Fourth Amendment
http://www.constitutionbee.org/user/StudentGuide.aspx?id=793
Fifth Amendment
http://www.constitutionbee.org/user/StudentGuide.aspx?id=925
Sixth Amendment
http://www.constitutionbee.org/user/StudentGuide.aspx?id=800
Boumediene v. Bush (2007)
http://www.constitutionbee.org/user/StudentGuide.aspx?id=970
Discussion Questions
- What are the accusations against Khalid Sheikh Mohammad?
Mohammad has been accused of masterminding the September 1, 2001 attacks. Four planes were hijacked and crashed: two into the World Trade Center in New York City, one into the Pentagon in Washington, DC., and a fourth plane was crashed into a Pennsylvania field after passengers fought back against the hijackers.
- What announcement did Attorney General Eric Holder make regarding Mohammad’s prosecution?
Mohammad will be tried in federal court and not in a military tribunal. In civilian court, Mohammad will have all the same constitutional protections as US citizens accused of criminal acts.
- What are some ways that a criminal trial differs from a military tribunal? What are some ways they are similar?
Different: To protect classified information and the safety of participants, military trials may be closed to the public, unlike criminal trials which must be open (Sixth Amendment.) The jury, known as commissioners, is made up of military officers and its vote does not have to be unanimous as it does in criminal prosecutions. A presiding commissioner has the authority to admit or exclude evidence. In criminal trials, juries are made up of impartial individuals from the area where the alleged crime took place, and a judge presiding over the case must apply the Exclusionary Rule (evidence obtained in violation of the Fourth Amendment’s warrant requirement usually must be excluded.)
Similar: In both, accused persons have the right to the assistance of counsel (Fifth Amendment). Individuals may not be tried twice for the same offense. (Fifth Amendment). The accused may refuse to testify (Fifth Amendment) and can call witnesses (Sixth Amendment).
- Were the attacks of September 11 criminal acts, or acts of war? How do you know?
Accept reasoned answers.
- Military Tribunals have been used in every American war since the American Revolution. Is it constitutional to try non-citizens accused of terrorism, such as Khalid Sheik Mohammad by military tribunal? Or, should he be tried in criminal court? What is your constitutional reasoning?
Accept reasoned answers.
Extensions
Have students read editorials for and against trying Mohammad in civilian court. What are the arguments on each side? How many of these arguments are based the Constitution? American history? World opinion? Which do students find most persuasive?
