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.