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A triumph of justice?

Mark Mardell | 17:19 UK time, Friday, 13 November 2009

Those accused of planning the mass murder of nearly 3,000 people in the attacks on 11 September 2001 will be tried a few blocks away from where the twin towers once stood in New York.

Attorney general Eric Holder says that it's a "fundamental tenet" of American justice that a trial takes place where the crime happened. They will face the death penalty.

Eric-Holder.jpg

One of Obama's first acts as president was to sign the order closing Guantanamo Bay.

For opponents around the world, the prison had become a symbol of the Bush administration - representing a disregard for human rights and the international rule of law. For supporters at home, it was equally a symbol, standing for an uncompromising ruthlessness with America's enemies. So this is a significant moment.

One expert on Guantanamo, Ken Gude from the Center for American Progress, told me that it was "the best news we've had for ages. Its exactly the right move".

He said that the military tribunal the accused had faced was a "symbol of Bush era mistakes, second class justice, if not show trials. But now the emphasis can be on their crimes, not whether they will get a fair trial."

Not everyone will agree, including some of the families of the victims of 9/11. I hope to be able to reflect what they say here later in the day.

But the plan to close Guantanamo has not gone smoothly.

The attorney general has repeated today that it was unlikely to be closed by the president's self-imposed deadline of the end of January 2010.

The administration will not abandon the much criticised military tribunals, and indeed Mr Holder announced at his news conference that five people would still be facing trial by military tribunal.

Then there are those prisoners, perhaps around 70 of them, who some say are too dangerous to be released even though they can't be brought to trial.

That of course begs the question why, if there isn't enough evidence to try them, there is enough evidence to make that judgement.

Lt Cdr Rick Federico, the military lawyer representing one of those accused of plotting 9/11, has welcomed the New York trial.

He told me that "we don't pick and choose who gets justice". So I asked him how he felt about the possibility of some never being tried, but never being released either.

"It's extremely difficult. It's most difficult for Americans to wrap our heads around how it is we can have these men in detention for so long and not provide a forum to adjudicate their case."

Update

Some of the families of those who died think this is justice at last.

Adele Welty, whose son was killed in the attacks on 9/11 thinks "it's of the utmost importance that they face a court". And John Leinung says that it's very important to him "that the right people are punished or held to account for what happened on 9/11", when his stepson was killed.

But not Mr and Mrs Santora, whose son Christopher - a firefighter - died in the twin towers. They say the accused should never step foot in America.

Surrounded by pictures of her son, Maureen Santora told the ³ÉÈË¿ìÊÖ:

"They do not belong on American soil. They stood in the court room when we were there (for the military trial). They stood up, praised Allah. They said they were happy to have been part of the planning and they said if they had the opportunity again, they would do it again. So these are not individuals who should be on our soil. We are protected from them, we need to be protected from them. These are very dangerous, I think, diabolic individuals.

that the trial will turn into a circus, and turn his city into a timebomb. He'd rather they were kept in Guantanamo.

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