A Fair Trial for the 9/11 Suspects

The trial of those who masterminded the 9/11 terror attacks has taken on similar dimensions for America as the Nürnberg Trials did for Germany. For the U.S. justice system, that presents a gigantic – perhaps an impossible – challenge. A fair trial appears to be practically unimaginable.

The people who planned the September 11, 2001 attacks will go to trial nearly ten years later, near the scene of the crime. Bin Laden and his deputy Ayman al-Sawahiri will be missing from the dock. The others, including surviving member of the Hamburg terror cell Ramzi Binalshibh, will take part in the trial of the century.

The trial will be a tremendous challenge for the U.S. justice system. Fairness in court proceedings was a core principle and goal of the 1776 American Revolution, but it seems unimaginable that a fair trial for the defendants could be possible.

But a fair trial is precisely what Barack Obama wants. Many of the defendants were mistreated during interrogations and that will make it difficult to observe the constitutional prohibition against forced confessions.

Attorney General Eric Holder believes he can guarantee fair trials. He also believes he can undermine George W. Bush’s main objection to criminal trials in favor of military tribunals – that all information leading to the charges must be made completely public.

The challenge for Germany will most likely be the near-certainty that, if convicted, the perpetrators will be sentenced to death. Attorney General Holder will ask for the death sentence and believes it is justified by the enormity of the crimes. America, especially the America outside of metropolitan centers, is looking for a solemn gesture of satisfaction for the 3,000 murder victims. The families of the victims will get their say when those convicted are executed.

The contrast between the affliction September 11 represents to Americans and a historicized perception in Germany will result in this question to America: Is Obama an executioner?

Perhaps life in prison for the assassins would be an even worse sentence. But a majority of Americans still feel that execution is an appropriate penalty. Most Germans feel otherwise, yet Germany doesn’t answer the question of whether we would be better off if Hermann Göring and the others executed at Nürnberg were still among us.

The 9/11 trials have a Nürnberg-like dimension in the United States. Without an appropriate verdict, America will never be able to tear its eyes away from that September day.