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WASHINGTON - Senators hammered Attorney General Eric Holder Wednesday about the Obama administration's decision to try some of the 9/11 plotters in federal court in New York City, instead of before a military commission, possibly in Cuba.
"I think you've made a fundamental mistake here!" said Sen. Lindsay Graham, a South Carolina Republican and former military lawyer.
Lawmakers demanded to know why the attorney general wanted to bring five terror suspects, including alleged 9/11 mastermind Khalid Sheikh Mohammed (KSM), onto U.S. soil.
"KSM has already asked to plead guilty before a military commission and be executed," said Arizona Republican Jon Kyl, asking why the administration did follow suit, and get it over with.
"I'm not going to base a determination on where these cases need to be brought on what a a terrorist, what a murderer, wants to do," Holder replied.
Lawmakers also questioned what would happen if the 9/11 plotters are acquitted in federal court. Would they be released? On U.S. soil? The attorney general tried to assure lawmakers there would be no acquittals.
"Failure is not an option, failure is not an option," Holder said. "These are cases that have to be won."
But Iowa Republican Senator Charles Grassley had his own retort for Holder.
"I think a lot of Americans thought O.J. Simpson should have been convicted of murder," he said.
Holder argued the government could hold the suspects under rules of war, so they wouldn't be able to walk free if acquitted, as some fear. He also cited a 94 percent success rate in terror cases -- many tried safely in New York -- and damning evidence the public hasn't seen.
What the public will see is massive security and a hefty price tag: $75 million to start, , according to one Senator.
And even when the Senators were through, Holder was not. Family members of 9/11 victims took their turns asking questions.
"I take great exception to your decision, to give short shrift to the military commissions," said Alice Hoagland, whose son, Mark Bingham, was on board Flight 93.
"I did not give short shrift to the notion of military commissions," Holder replied. "This was a tough decision."
Holder also told families and lawmakers they shouldn't worry about the suspects possibly using this spotlight to spew rhetoric. Holder says experienced judges know how to handle any who may act unruly.
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