LEGISLATIVE RESOLUTION urging President Barack Obama and Attorney Gener-
al Eric Holder to reverse their decision to hold civilian trials of
foreign enemy combatant 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 foreign enemy combatants, 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 should instead have their fate deter-
mined by means of a trial before a military commission or tribunal; and
WHEREAS, Accordingly, providing this nation's constitutional rights to
foreign enemy combatants captured in battle is unprecedented in this
nation's history; 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 foreign enemy combatants,
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 dispensement of justice;
and
WHEREAS, Permitting these foreign enemy combatant 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 at great risk our nation's most
vital intelligence information, offer a platform for the inspiration of
hatred of the United States, and encourage fellow enemy combatants 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 foreign enemy combatant terrorists before they
continued to 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 crimi-
nal court; and
WHEREAS, Despite these issues, in February 2009, President Barack
Obama, and the United States Department of Justice, in one of his first
acts of his administration, broke with over 200 years of legal, public
safety and military precedent, and stayed the prosecution before a mili-
tary commission tribunal, of five of the most infamous, dangerous and
devoted Al Qaida enemy combatant 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, On November 13, 2009, without public consultation with those
most affected in New York State, United States Attorney General Eric
Holder announced that the federal government, breaking with over 200
years of legal, public safety and military precedent, was going to
remove the prosecutions of these five infamous, dangerous and devoted Al
Qaida enemy combatant terrorists, Khalid Sheikh Mohammed, Walid Muhammed

Salih Mubarak Bin Attash, Ramzi Bin Al Shibh, Ali Abdul-Aziz Ali, and
Mustafa Ahmed Al Hawsawi, all of whom have been directly linked to the
attack of September 11, 2001, in which nearly 3000 New Yorkers lost
their lives, from the military commission tribunals to be instead tried
as civilians, afforded the same constitutional criminal justice
protections reserved for United States citizens, in federal district
court in Manhattan; and
WHEREAS, The proposed location of this trial, in the very shadow of
where the World Trade Center these individuals destroyed once stood, and
in the heart of New York City's financial and commercial district, poses
unacceptable and significant 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, That 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 President Obama's and Attorney General Eric Holder's political
decision, breaking with over 200 years of legal, public safety and mili-
tary precedent, to give these enemy combatant terrorists a civilian
criminal trial, and afford these individuals the same constitutional
criminal justice protections reserved for United States citizens, 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 an
enormous recession, 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 and threat measures
which would need to be taken in Lower Manhattan for a period which has
been estimated to be years before the completion of such trials; and
WHEREAS, New York City Mayor Michael Bloomberg, Julie Menin - Chair-
woman of Community Board One, representing the neighborhoods surrounding
the court house, and Governor David Paterson, as well as many legal
historians and nearly every nationally respected terrorism expert, have
expressed serious concern and opposition to President Obama's and Attor-
ney General Eric Holder's plan to give these enemy combatant terrorists
a civilian criminal trial, and afford these individuals the same consti-
tutional criminal justice protections reserved for United States citi-
zens, in federal district court in Manhattan; now, therefore, be it
RESOLVED, That President Barack Obama and Attorney General Eric Holder
are strongly urged to reverse their decision to break with over 200
years of legal, public safety and military precedent, and give enemy
combatant terrorists, Khalid Sheikh Mohammed, Walid Muhammed Salih Muba-
rak Bin Attash, Ramzi Bin Al Shibh, Ali Abdul-Aziz Ali, and Mustafa
Ahmed Al Hawsawi, all of whom have been directly linked to the attack of
September 11, 2001, a civilian criminal trial in federal district court
in Manhattan, and affording these individuals the same constitutional
criminal justice protections reserved for United States citizens; and be
it further
RESOLVED, That President Barack Obama and Attorney General Eric Holder
are strongly urged to remove these enemy combatant terrorists back to
the military commission tribunal system, and conduct a trial under such
system, and at a location that does not place the residents of New York
State in grave danger; and be it further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to President Barack Obama and Attorney General Eric Holder.