NEW YORK CITY-Under pressure from Congress and numerous other entities, US Attorney General Eric Holder has decided to move the trial of Khalid Sheikh Mohammed--the alleged mastermind of the 9/11 attack on the World Trade Center--to a military commission trial. This decision moves the potential trial venue out of New York City and most likely into Guantanamo Bay, Cuba. The decision, which the Attorney General came to reluctantly he says, is being applauded by the Real Estate Board of New York and the Downtown Alliance, both of which have been protesting the possibility of a downtown trial from the get-go.

"The decision is a real victory for the businesses and residents of Lower Manhattan, which would have been devastated by the impact of this trial," says Steven Spinola, president of REBNY, in a statement. "Holding the terror trials in Lower Manhattan would have undermined the progress and rebuilding of this neighborhood, and it would have eroded the economic development efforts and successes over the last 10 years."

The Downtown Alliance released a similar statement to "applaud" as opposed to REBNY's to "commend" the Justice Department for reversing its initial push for a New York City trial at the Federal Courthouse here in Foley Square. "The Federal Courthouse in Lower Manhattan was never a wise first choice as a venue for the trials," says Robert R. Douglass, chairman of the Downtown Alliance, in a statement. "It is situated near some of the most densely populated business addresses and residential neighborhoods in America, and at the heart of a regional transportation network through which hundreds of thousands of people pass each day." The Sixth Amendment of the Constitution, however, guarantees that a defendant has the right to be tried in the district wherein the crime was committed. Foley Square is the closest Federal courthouse to the World Trade Center site.

The protestations were made clear from the start, most efficiently by REBNY's "MoveTheTrial.com" website (which is no longer active) however some of the revenue loss claims were never substantiated by an independent study. The argument was based on the loss of revenue following the World Trade Center attack on 9/11 and the assumption that security for a terrorist trial downtown would cause lost revenue. As GlobeSt.com reported, REBNY had asserted, "some neighborhoods such as Chinatown suffered serious economic losses in business activity as a result of the extensive security measures in Lower Manhattan," following the attacks of 9/11. REBNY also pushed for a change in venue, protesting Governor's Island, but inquiring to places like Ossining Correctional Facility or Sullivan Correctional Facility, among other non-NYC cites in New York.

Mayor Bloomberg, during his third-term re-election touted the strength of New Yorkers in taking on the trial, however after winning the election reversed his stance noting that it would be costly to the city, estimating a $200-million per year tab for the city to pick up during the trial, citing complaints from Wall Street and the real estate industry as reasons for his turnaround.

Holder was intent on holding a civilian trial and had been researching areas outside of Lower Manhattan, such as Otisville, NY, notes the New York Law Journal; however it became a moot point when Congress slipped a provision into the recently passed National Defense Authorization Act, which prohibits federal funds from being used to transfer the alleged from Guantanamo Bay to the US. Leaving the Attorney General with few options for a speedy federal criminal trial, Holder therefore is using a military commission--as opposed to a civilian court--since he cannot fund the movement of the prisoners to a civilian area.

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