Sponsor:
LEIBELL
Co-sponsor(s): ALESI, BONACIC, DEFRANCISCO, FARLEY, FLANAGAN, FUSCHILLO, GOLDEN, GRIFFO, HANNON, JOHNSON O, LANZA, LARKIN, LAVALLE, LIBOUS, LITTLE, MARCELLINO, MAZIARZ, MCDONALD, MORAHAN, NOZZOLIO, PADAVAN, RANZENHOFER, ROBACH, SALAND, SEWARD, SKELOS, VOLKER, WINNER, YOUNG
Law Section: Resolutions, Legislative
Co-sponsor(s): ALESI, BONACIC, DEFRANCISCO, FARLEY, FLANAGAN, FUSCHILLO, GOLDEN, GRIFFO, HANNON, JOHNSON O, LANZA, LARKIN, LAVALLE, LIBOUS, LITTLE, MARCELLINO, MAZIARZ, MCDONALD, MORAHAN, NOZZOLIO, PADAVAN, RANZENHOFER, ROBACH, SALAND, SEWARD, SKELOS, VOLKER, WINNER, YOUNG
Law Section: Resolutions, Legislative
J3889 Summary
J3889 Actions
J3889 - ADOPTED - Feb 9, 2010J3889 Text
.SO DOCS R3889 RESO TEXT 2009 LEGISLATIVE RESOLUTION urging the Federal Government to reverse its decision to hold civilian trials of terrorists Khalid Sheikh Mohammed, Walid Muhammed Salih Mubarak Bin Attash, Ramzi Bin Al Shibh, Ali Abdul Aziz Ali, and Mustafa Ahmed Al Hawsawi in Manhattan federal court WHEREAS, Throughout the course of our nation's history, from the time of George Washington to the present day, the United States has recognized that these terrorists, captured with the intent to attack the United States, its people and/or its interests, and which present a serious and immediate threat to the nation and its people, should not be afforded the same constitutional criminal justice protections reserved for United States citizens; and WHEREAS, Attempting to apply the same constitutional criminal justice protections reserved for United States citizens, and attempting to apply the principles of our civilian courts to these terrorists, which have openly espoused, planned and/or conducted acts of terrorism, war and mass murder and destruction against the United States, its people and/or its interests, is contradictory to the rules of war followed by our soldiers during the capture of these individuals, and is inherently inapplicable to the prosecution and administration of justice; and WHEREAS, Permitting these terrorists to enjoy the same constitutional criminal justice protections reserved for United States citizens, and awarding them the rules and procedures of our civilian federal courts, will place a great risk on our nation's most vital intelligence informa tion, offer a platform for the inspiration of hatred of the United States, and encourage fellow terrorists to commit further acts of war and violence against this nation and this state; and WHEREAS, The means necessary to be employed to effectively stop the activities of these terrorists before they fulfill their missions to espouse, plan and conduct acts of terrorism, war and mass murder and destruction against the United States, its people and/or its interests, are not consistent with the means to afford these individuals the same constitutional criminal justice protections reserved for United States citizens, or to obtain a successful prosecution of these individuals in a civilian federal criminal court; and WHEREAS, Despite these issues, in February 2009, the United States Department of Justice, stayed the prosecution before a military commis sion tribunal, of five of the most infamous, dangerous and devoted Al Qaida terrorists in world history, Khalid Sheikh Mohammed, Walid Muhammed Salih Mubarak Bin Attash, Ramzi Bin Al Shibh, Ali Abdul-Aziz Ali, and Mustafa Ahmed Al Hawsawi; and WHEREAS, The Government of the United States of America announced on November 13, 2009, through U.S. Attorney General Eric Holder, plans to prosecute avowed Al Qaida terrorists Khalid Sheikh Mohammed, Walid Muhammed Salih Mubarak Bin Attash, Ramzi Bin Al Shibh, Ali Abdul-Aziz Ali, and Mustafa Ahmed Al Hawsawi in federal district court in lower Manhattan; and WHEREAS, All of these avowed terrorists to be so prosecuted in federal court have been directly linked to the attacks of September 11, 2001, which saw the deaths of nearly three thousand people on New York soil; and
WHEREAS, The proposed location of this trial, in the very shadow of where the World Trade Center once stood, and in the heart of New York City's financial and commercial district, poses unacceptable and signif icant risk, harm and threat to the safety and security of millions of Americans and New Yorkers residing and working in the vicinity of the federal district courthouse in Manhattan; and WHEREAS, The risk, potential harm, threat and danger that will be brought to New York State and New York City and its citizens, as a result of the federal government's decision to give these avowed terror ists a civilian trial in federal district court in Manhattan will cause New York City, New York State and its citizens to bear not only the huge burden of such risk, potential harm, threat and danger, but also bear, in the midst of a deep economic recession and state fiscal crisis, an unprecedented security cost, which officials have estimated could reach nearly $1 billion; and WHEREAS, It is further contemplated that these trials will cause the State of New York, the City of New York and its citizens, many of whom experienced the horrific events of September 11, 2001, first hand, further unprecedented disturbance, emotional trauma and economic hard ship, with the institution of required security measures by state and local law enforcement agencies which would need to be taken in lower Manhattan for a period which has been estimated to be years before completion of such trials; and WHEREAS, New York Governor David A. Paterson, New York City Mayor Michael Bloomberg, Julie Menin, Chairwoman of Community Board 1 (repres enting the neighborhoods surrounding the federal courthouse for lower Manhattan), have all expressed serious concern and opposition to the federal government's plan to prosecute these avowed terrorists in New York City and cause undue and unprecedented financial hardship and burden on the people and law enforcement agencies in the State of New York and its political subdivisions in and around New York City; now, therefore, be it RESOLVED, That President Barack Obama and Attorney General Eric Holder are hereby strongly urged by this Legislative Body to reverse their decision to prosecute Khalid Sheikh Mohammed, Walid Muhammed Salih Muba rak Bin Attash, Ramzi Bin Al Shibh, Ali Abdul-Aziz Ali, and Mustafa Ahmed Al Hawsawi in federal district court in Manhattan, over the objections of our state and local government officials; and be it further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran smitted to President Barack Obama, U.S. Attorney General Eric Holder, and all members of the New York State Congressional delegation.
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