The Robert Jackson Steering Committee, a group of lawyers and journalists founded to uphold the principles of the Nuremberg Trials, is urging the Department of Justice to proceed with trying Khalil Sheikh Mohammed (KSM) and other suspected 9/11 terrorists in federal criminal court, and not in military commissions.
In a letter to Attorney General Eric Holder, the Committee enumerates several substantial problems with military commissions:
(1) Admissibility of statements following torture in certain circumstances,
(2) Evidence derived from impermissible interrogation methods is not barred,
(3) Evidence seized outside the US without search warrants is not excluded,
(4) The accused is entitled to one "reasonably available" defense counsel,
(5) No mention of the attorney-client privilege,
(6) In a capital case, the accused is entitled to additional counsel "to the greatest extent practicable",
(7) Ex post facto law may be applied,
(8) No right to speedy trial,
(9) Trials may be closed to public,
(10) Conviction by two thirds of jurors rather than unanimity,