A new judge taking over the 9/11 military tribunal could finally bring "sanity" to the painfully slow prosecution, a sister of a victim and a retired FAA agent who warned of the attack told the Herald.
"It's a travesty this has gone on for so long," said Debra Burlingame, whose brother was one of the pilots murdered 17 years ago Tuesday.
"It makes our country look like fools," she added. "Justice delayed is justice denied."
Army Judge Col. James L. Pohl is retiring on Sept. 30 and has handed the tribunal over to Marine Col. Keith A. Parrella.
He picks up the death-penalty case against 9/11 mastermind Khalid Sheikh Mohammed and four other alleged accomplices.
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"Think of all the adult victims whose parents were alive at the time of the attack. Many are now gone. This has taken too long. It's ridiculous," [Ms. Burlingame] said. "Nobody could have been worse than Judge Pohl. ... I'm hoping the new judge will feel a sense of responsibility."
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High hopes for new judge of 9/11 tribunal
Joe Dwinell has this story with the above title for the Boston Herald.
Military justice is supposed to be swift. That was among the primary reasons why the Bush Administration opted for military commissions instead of civilian courts to try the 9/11 terrorists.
To say it has not been swift would be a gross understatement. Dwinell reports:
Early in the Obama Administration, Attorney General Eric Holder said in a congressional hearing regarding these cases, "Failure is not an option." But the Obama Administration did fail. It failed to bring these cases to completion in its entire eight years. Of course, the Bush Administration also did not complete them, but some portion of that time was consumed in a task of overriding importance -- extracting intelligence to prevent another attack.
Now we are a year and a half into the Trump Administration. Is there any priority being put on a reasonably swift completion of these cases? Unlike Article III judges, military judges are subordinates of the commander-in-chief. He should not, of course, direct an outcome, but he ought to be able to order expeditious proceeding.
For comparison, here is the FDR timeline for military commission trial of unlawful combatants:
July 2, 1942: President issues executive order for commission.
July 8: Trial begins.
July 29 and 30: Supreme Court hears argument on habeas corpus petition challenging trial by commission.
July 31: Supreme Court announces decision to deny habeas corpus relief. Opinion to follow.
August 1: Trial ends.
August 3: Convictions and death sentences rendered, with commutation recommendation for the two who cooperated.
August 8: President grants two commutations, and the remaining six are executed in the electric chair.
October 29: Supreme Court issues its opinion, 317 U.S. 1.
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