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Judiciary Asks for $22 Million for Terrorism Trials
By Joe Palazzolo | March 18, 2010 7:04 pm

Judge Julia Gibbons testifies before an appropriations subcommittee in 2007. (uscourts.gov)

The federal judiciary is requesting $22 million in fiscal 2011 to cover expected costs associated with “high-threat” trials of suspected terrorists.

The request, the first of its kind, acknowledges “certain security and logistical challenges” unique to terrorism trials but steers clear of the raging debate over whether suspected terrorists should be prosecuted in federal court or by military tribunal.

Still, opponents of civilian trials could use the request to bolster arguments that prosecuting suspected terrorists in federal court is too pricey and endangers surrounding communities.

The $22 million is part of the federal judiciary’s $7.3 billion budget request, which was presented to a House Appropriations subcommittee on Thursday.

Judge Julia Gibbons, who chairs the budget committee of the Judicial Conference, the federal judiciary’s policymaking body, said the trial of Zacarias Moussaoui in Alexandria, Va., underscored the need for additional resources.

During the 2006 death penalty trial of Moussaoui, a convicted 9/11 conspirator, the city bogged down with armed guards, rooftop snipers, bomb-sniffing dogs, blocked streets and identification checks.

“High-threat trials in the federal courts present certain security and logistical challenges that must be addressed,” Gibbons said.

Gibbons, of the U.S. Court of Appeals for the 6th Circuit, also pointed to the cases of “shoe bomber” Richard Reid in Boston and Umar Farouk Abdulmutallab in Detroit.

Abdulmutallab, who is accused of attempting to blow up an airliner on Christmas Day, has been the focal point of the debate over whether the criminal justice system is equipped to handle suspected terrorists. Republicans have criticized the Obama administration, saying valuable intelligence was likely lost when FBI agents read him his Miranda rights. The White House has said Abdulmutallab began cooperating with authorities after initially clamming up.

Gibbons made no mention of Khalid Sheikh Mohammed, the self-professed 9/11 mastermind, whose planned trial in  Manhattan was abandoned in the face of bipartisan opposition. (The Obama administration has proposed spending $73 million for security, detention, litigation and transfer of the Mohammed and four alleged 9/11 co-conspirators, who are being held at the military-run prison at Guantanamo Bay.) The Obama administration is in the process of deciding whether the suspects should be tried in military tribunal or federal court.

The $22 million, Gibbons said, would be for security, juror expenses and court-appointed defense counsel costs in “high-threat” terrorism trials. While the Justice Department is responsible for the U.S. Marshals Service, which protects court officers and buildings, the federal judiciary employs additional security guards, a courts spokeswoman said.

Gibbons said her committee would work closely with Congress to refine the request “once we have a better understanding of the number and location of high-threat trials that will take place in federal court.”

See Gibbons’ full remarks below:

I would like to turn briefly to an issue that has been widely discussed in recent months: the issue of whether suspected terrorists should be prosecuted in federal court or by military tribunal. As a neutral party in our system of justice, the Judiciary, of course, has remained silent in this debate. The decision on the appropriate venue to prosecute suspected terrorists will be determined by the Administration and Congress, as is appropriate.

My only comment on this topic is that high-threat trials in the federal courts present certain security and logistical challenges that must be addressed, such as those experienced with the Moussaoui case at the federal courthouse in Alexandria, Virginia, and the Reid (shoe bomber) case at the federal courthouse in Boston, Massachusetts. A case currently in federal court that has been widely publicized is the case of Umar Farouk Abdulmutallab, who has been charged with attempting to detonate an explosive device on a flight from Amsterdam to Detroit on December 25, 2009. He was indicted in federal district court in Detroit and is being held awaiting trial. As with any high-threat trial in federal court, the Judiciary works closely with local and federal officials as appropriate to provide a safe and secure venue for the proceedings.

The Judiciary’s fiscal year 2011 budget request includes $22 million for security, juror expenses, and court appointed defense counsel costs associated with high-threat trials. We will work closely with the Committee to refine this estimate once we have a better understanding of the number and location of high-threat trials that will take place in federal court.

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  1. [...] Main Justice: Judiciary Asks for $22 Million for Terrorism Trials Joe Palazzolo – 3/18/2010 [...]

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