During an interview on CBS’s “Face the Nation” today, Vice President Joe Biden said that the Obama administration is considering trying Khalid Sheikh Mohammed in a military tribunal because of political constraints, even though he said there is “no doubt” the federal court system provides the best way to try the accused September 11, 2001 mastermind.
Initially, Attorney General Eric Holder decided to try Khalid Sheikh Mohammed in federal court in New York, however a number of politicians have since spoken out against the plan.
Congress may choose to limit the funding for that federal trial, and "that’s the only reason the president is taking [a military tribunal] into consideration," Biden told moderator Bob Schieffer of “Face the Nation”.
"We have no doubt the best, most effective, legal way to get his guy behind bars for the longest time and get the most information with the most certainty is in an Article Three court," he said, referring to the federal system.
The President is now awaiting recommendations from Attorney General Eric Holder as to whether there are other options. In the meantime the administration is working with lawmakers to make sure the military tribunal system would stand up to constitutional scrutiny.
With the perception that Khalid Sheikh Mohammed is more likely to receive greater punishment before a military tribunal, Biden said that is incorrect.
"There have been three people tried and convicted by the last administration in military courts. Two are walking the street right now," Biden said. "There have been over 300 tried in federal courts by the last administration and by us. They’re all in jail now."