THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE RESOLUTION

INTRODUCED BY WARD, KASUNIC, SCARNATI, D. WHITE, FONTANA, COSTA, PIPPY, PILEGGI, ARGALL, ERICKSON, ROBBINS, BOSCOLA, ALLOWAY, FARNESE AND STOUT, MARCH 5, 2010

REFERRED TO JUDICIARY, MARCH 5, 2010  

A RESOLUTION

Urging the Congress of the United States to enact H.R. 4542, the

"Stopping Criminal Trials for Guantanamo Terrorists Act of

2010."

WHEREAS, On November 13, 2009, the United States Department

of Justice announced that the admitted September 11, 2001,

terror attacks mastermind Khalid Sheikh Mohammed and his four

alleged accomplices would be tried in a Federal civilian court

in Manhattan, considering New York the jurisdiction for the

crimes; and

WHEREAS, The Department of Justice's policy asserts the

primacy of the United States criminal justice system in

responding to terrorist acts and would not treat suspects as

unlawful enemy combatants subject to extra-judicial or military

detention; and

WHEREAS, Because of increasing opposition, including the

mayor and police commissioner of New York City, to the decision

to bring the September 11 suspects to trial in civilian court in

New York City, just blocks from Ground Zero, the Department of

Justice is now searching for alternate civilian court trial

sites; and

WHEREAS, A bipartisan group of United States Senators has

asked the United States Attorney General to reconsider his

position on the trial venue, stating that the "United States

criminal justice system should not be used for trying enemy

combatants," and that "given the risks and costs, it is far more

logical, cost effective and strategically wise to try Khalid

Sheikh Mohammed and his accomplices in the military commissions

that Congress has established for that very purpose"; and

WHEREAS, With the tragic events that occurred on Flight 93 in

Shanksville, Pennsylvania, jurisdiction could be established to

prosecute these terrorists in the courts of the Commonwealth of

Pennsylvania; and

WHEREAS, The Commonwealth of Pennsylvania should not play

another unfortunate role related to the September 11, 2001,

attacks, that of being the location for the civilian trials of

the terrorists; and

WHEREAS, Pennsylvanians strongly insist that these terrorists

be brought to justice, but the security threats and financial

burdens are too great for the taxpayers of the Commonwealth of

Pennsylvania; and

WHEREAS, H.R. 4542, introduced by New York Representative

King, prohibits the Department of Justice from spending any

funds to prosecute an individual who was detained at Naval

Station, Guantanamo Bay, Cuba, on or after January 22, 2009, in

a criminal court located in the United States or in any

territory or possession of the United States; therefore be it

RESOLVED, That the Senate of the Commonwealth of Pennsylvania

urge the Congress of the United States to enact H.R. 4542, the

"Stopping Criminal Trials for Guantanamo Terrorists Act of

2010"; and be it further

RESOLVED, That a copy of this resolution be transmitted to

the President of the United States, the Attorney General of the

United States, the presiding members of each house of Congress

and each member of Congress from Pennsylvania.