By Ravi Bhatia-Talk Radio News Service

During his testimony before the Senate Judiciary Committee Wednesday, Attorney General Eric Holder defended his decision to try Khalid Sheikh Mohammed, the self-proclaimed mastermind behind the 9/11 attacks, through the federal court system in New York rather than through military commissions.

President Barack Obama revived former President George W. Bush’s military commissions, also known as military tribunals, in May 2009 for a small number of Guantanamo Bay detainees. Obama’s tribunals, deemed “Bush Light” by critics, provided terror suspects and war prisoners with more legal protections. However, the tribunals have been criticized for sacrificing American judicial values in order to prosecute prisoners quicker.

In his argument for employing federal courts rather than military courts, Holder cited the 300 convicted international and domestic terrorists currently in the custody of the Bureau of Prisons. He claimed that the United States could prosecute terrorists “safely and securely” in the federal system because “we have been doing it for years.”

“I studied this issue extensively,” Holder said in his opening statements. “I consulted the Secretary of Defense. I heard from prosecutors from my Department and from the Defense Department’s Office of Military Commissions. I spoke to victims on both sides of the question. And at the end of the day, it was clear to me that the venue in which we are most likely to obtain justice for the American people is in the federal court.”

While Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) defended Holder, saying that “we can rely on the American justice system,” the decision was met with criticism from Republican members of the committee. In one instance, Senator Lindsey Graham (R-S.C.) called Holder’s choice “a perversion of the justice system.”

“You’re a fine man,” Graham said to Holder. “I know you want to do everything to help this country be safe but I think you’ve made a fundamental mistake here.”

Senator Jon Kyl (R-Ariz.) mentioned that Mohammed had already said he would plead guilty to the terrorists acts.

“How could you be more likely to get a conviction in federal court when Khalid Sheikh Mohammed has already asked to plead guilty before military commission and be executed?” Kyl asked, garnering scattered applause and laughter from some audience members. “How can you be more likely to get a conviction in an Article III [federal] court than that?”

In response, Holder said, “the determination I make … does not depend on the whims or the desires of Khalid Sheikh Mohammed. He said he wanted to do that then. I have no idea with what he wants to do now with regards to these military commissions that now [have] enhanced protections. My job is to look at the possibilities.”

Holder also touched on issues such as prison reform legislation, claiming that drug courts specifically established for non-violent crimes have so far been effective, responding to Senator Al Franken’s (D-Minn.) opinion that too many prisoners were in prison for drug possession.

“We’re essentially [taking] kids who are in possession of drugs and sending them to crime school,” Franken said. “They learn from other criminals how to do crime, and two-thirds of them come back [after] they’re released within three years.”

“I’m familiar with the [drug court] we have here in Washington, D.C…. that has [proven] to be very successful in dealing with people who are selling drugs because they are addicted to drugs,” Holder said. “These are low level dealers, not the people who live in penthouses and drive big cars and all that.”

Holder recommended a data driven analysis of the U.S. prison system. He said that a “sentencing group” is looking at a “wide variety” of issues in U.S. prisons.

“Who is in jail?” Holder asked. “Are they in jail for appropriate amounts of time? Is the amount of time they spend in jail a deterrent? Does that have an impact on the recidivism rate? This group will be reporting back to me within the next couple of months. It is on that basis that we’ll be formulating policy and working with the Committee.”

Newly sworn in Sen. Al Franken (D-Minn.) warns against the dangers of judicial activism during his introductory remarks during Judge Sonia Sotomayor’s confirmation hearings on Monday. Franken suggests that in his opinion, the Supreme Court may have recently crossed its role with that of legislative branch in Congress. (0:29)

 

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Sen. Al Franken (D-Minn.) was sworn into the U.S. Senate Tuesday by Vice President Joe Biden. Distributed by Tubemogul.

Vice President Joe Biden swore in Al Franken as the junior senator from Minnesota. Franken repeated the oath of office and was then congratulated by the Vice President (0:36)

 

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Senator-elect Al Franken (D-Minn.) joins Senate Majority Leader Harry Reid (D-Nev.) for a press conference. July 6, 2009.

U.S. Sen. Al Franken (D-Minn.) says “I’m ready to work day and night to make sure that our kids have a great future and that America’s best days lay ahead.” He says he’s ready to get to work. (0:15)

 

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U.S. Senator-elect Al Franken (D-Minn.) comments on how his addition to the Senate will amount to 60 Democrats in the legislative body. However, he said he is focused on is “the number two” and primarily sees himself as the second Senator from the state of Minnesota. (0:12)

 

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Senate Majority Leader Harry Reid (D-Nev.) tells reporters about a comment made by former U.S. Rep. Vin Weber’s (R-Minn.) on Senator-elect Al Franken (D-Minn.). Weber says people will be pleasantly surprised when they realize Franken is a “smart guy” who is serious about issues. (0:23)

 

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By Courtney Ann Jackson-Talk Radio News Service

Senator-elect Al Franken (D-Minn.) is receiving a warm welcome from Congressional Democrats, complete with a press conference alongside Senate Majority Leader Harry Reid (D-Nev.). During his brief statement, Franken struck a more serious tone than that of his days as a comedian. 

“I am going to work day and night to make sure that our kids have a great future and that America’s best days lay ahead. I’m ready to get to work,” said Franken.

Franken will raise the total number of Democrats in the Senate to 60. However, Franken said all he is focused on is the number two, noting that he sees himself as the second Senator from the state of Minnesota. 

“Much has been made of the expectations of Al Franken joining the Senate,” said Reid. “Here are my expectations. He, of course, is going to work hard for the people of Minnesota. They’ve gone far too long without full representation…I expect him to help deliver on the change that this country is demanding.”

Franken described Minnesotans as practical people, adding that his constituents want to make sure the work being done in the Senate makes sense and has a “strong return for investments.”

Franken highlighted health care, economy, energy policy, and education as some of his major concerns.

By Michael Ruhl, University of New Mexico – Talk Radio News Service

Senate Majority Leader Harry Reid (D-Nev.)
Photo by Michael Ruhl

According to Senate Majority Leader Harry Reid (D-Nev.), the Democratic Leadership will stick by Pennsylvania Senator Arlen Specter through thick and thin. The remarks came at a power breakfast on Capitol Hill, where Reid addressed, among other things, Specter’s recent defection to the Democratic Party.

President Obama, Vice President Biden and Reid have all pledged to support Specter when he comes up for reelection in 2010. When asked today whether or not that support was dependent on Specter voting a certain way, Reid said that it wasn’t.

“I’m not going to be in a forever, never position, but the facts are that he’s going to vote with us most of the time,” Reid Said. “I can’t foresee him doing anything that would be so mean spirited that Obama, Biden, and Reid would turn against him.”

If Al Franken wins the Senate Seat in Minnesota, which is still being contested in court, Specter would be the 60th Democrat in Congress, the number needed to stop a Republican filibuster.

“I don’t think [Specter is] going to be an automatic vote, but I don’t have any automatic votes,” Reid said. He was referring to fears from the right that Specter will be the key vote in stifling Republican policy.

Critics believe that Specter is going to help the Democrats steamroll through radical legislation.

Senate Minority Leader Mitch McConnell (R-KY) has called the filibuster-proof Senate a “threat to the country.” He it would allow the Democrats to “have whatever it wants, without restraint, without a check or a balance.”

Specter’s defection became a reality when he was assured by Reid that his seniority in the Senate would not be compromised. Reid has publicly stated that no members of Congress will be “bumped” from a committee position to make room for Specter.

The deal struck regarding Specter’s seniority was that upon defecting, he would be treated as though he had been elected a Democrat in 1980.

Not this Congress, at least.

Reid left open the door to moving Specter up in the ranks next Congress, and said, “We’ll work something out,” adding that in every new session of Congress, committee positions are worked out at the beginning of the term and restructured as necessary, and that the next Congress will not be an exception.