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politico.com - 11/17/2009
Does death for 9/11 plotters offend federalism?
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Attorney General Eric Holder’s declaration that he plans to seek the death penalty for five alleged Sept. 11 plotters was the "get tough" aspect of his decision to prosecute the men in federal court rather than in military commissions. "They must face ultimate ...
keepamericasafe.com - 11/17/2009
***CALL TO ACTION***
— keepamericasafe.com — November 21, 2009 Dear Supporter, Last Wednesday, a group of 9/11 family members and New York first... responders attended the Senate Judiciary Committee hearing in which Attorney General Eric Holder testified about his decision to prosecute Khalid ... (more) ***CALL TO ACTION***
Comments vote down Weekly Standard Blog found this 11/17/2009found this
Holder Defends Trying Alleged 9/11 Plotters in Civilian Court
online.wsj.com - 11/18/2009
Holder Defends Trying Alleged 9/11 Plotters in Civilian Court
— online.wsj.com — [Eric Holder] Reuters Attorney General Eric Holder prepares to testify.... (more) Holder Defends Trying Alleged 9/11 Plotters in Civilian ...
Comments vote down The Volokh Conspiracy found this 11/18/2009found this
White House rips '2-face' Giuliani for ex-mayor's comments on 9/11 plotters
nydailynews.com - 11/16/2009
White House rips '2-face' Giuliani for ex-mayor's comments on 9/11 plotters
— nydailynews.com — WASHINGTON - The White House on Sunday slapped down ex- Mayor Rudy Giuliani and other critics of... its decision to try the 9/11 plotters in New York City . White House adviser David Axelrod took to the Sunday morning airwaves to accuse Giuliani and ... (more) White House rips '2-face' Giuliani for ...
Comments vote down Capitol Confidential found this 11/16/2009found this

Blog Reactions

WSJ.com: Law Blog:  Another Look at the Death Penalty and Khalid Sheik Mohammad

How Appealing:  "Does death for 9/11 plotters offend federalism?"

The New Republic blogs:  Seeking the Death Penalty for 9/11 Hijackers Does Not Offend Federalism

Comments
Blog Reactions

Another Look at the Death Penalty and Khalid Sheik Mohammad
WSJ.com: Law Blog — ... But Politico’s Josh Gerstein posits that “by seeking the death penalty in a state which currently does not have it, the attorney general is treading into territory that not long ago triggered an outcry from liberal activists against the Bush administration.” ...

"Does death for 9/11 plotters offend federalism?"
How Appealing — "Does death for 9/11 plotters offend federalism?" Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.

Seeking the Death Penalty for 9/11 Hijackers Does Not Offend Federalism
The New Republic blogs — Josh Gerstein at Politico flags a pretty dubious argument (see also here ) against seeking the death penalty for the alleged 9/11 plotters: They're being tried in New York, which doesn't currently have a death penalty statute, so doesn't it offend federalism for federal prosecutors to seek the death penalty there? No, it doesn't. As a strictly legal matter, federal criminal law and state criminal law are entirely separate bodies of law; a state government (formally, at least) does not control or influence federal prosecutions within its jurisdiction. And as a ...

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