Albany Government Law Review

Khalid Sheikh Mohammed and four other individuals who are accused of planning and executing the September 11, 2001, attacks have been in United States custody since shortly after the attacks occurred and have yet to be prosecuted. Although proceedings for a trial by military commission had commenced, in November 2009, Attorney General Eric Holder announced that the four men would be moved to New York and tried in federal court. New York officials quickly objected due to concerns over security and the costs associated with such a trial. The Obama administration subsequently suspended its plans for federal civilian trials; however, more than a year later, no action has been taken to bring the five accused terrorists to justice.