here's the topic, as you said, khalid shaikh mohammed and four other gitmo detainees will be tried in civilian court here in the u.s., instead of a military commission. president obama, he's in japan right now, made this comment about the upcoming trial. >> i am absolutely convinced that khalid shaikh mohammed will be subject to the most exacting demands of justice. the american people will insist on it. my administration will insist on it. >> also, five other gitmo detainees are expected to be transferred to be tried by military commissions. here's the question. do you agree with trying the suspects in new york in civilian court? do you think it's the right thing to do? maybe you'd prefer that they

and the act that's khalid shaikh mohammed perpetrated are not only crimes, they are acts of war. o question about that. >> i just wanted to establish that. as i just referenced last week, you announced the intent to bring khalid shaikh mohammed, ksm, to stand trial in new york city. i don't agree with that decision. i want you to know right off the bat. not because i don't think the federal government can detain dangerous terrorists, not because bringing them to a metropolitan area will create an even bigger bull's-eye on that city, it's because i believe as the longest serving person on the committee on intelligence that military commissions are the preferable venue to protect national security information and prevalent -- and prevent a disclosure of sources and methods. that is not to say that article iii courts cannot handle terrorist prosecutions from providing material support of terrorism. that same conclusion was reached by the 9/11 commission in its findings, the commission concluded that, quote, unfortunate consequence, unquote, of excellent prosecutorial efforts in the i

they say a military tribunel is more appropriate. >> bringing khalid shaikh mohammed and putting him in a civilian trial is absolutely the wrong thing to do. by doing this, you're taking his actions out of the realm of being an act of war fare and calling it a crime. this was not a crime. this was far beyond a crime. this is an act of warfare. >> i trust my justice system, the constitution which has been enforced in the last 20 or 30 years and i my son was murdered here and i want to see them go to trial here and i want to attend each and every single day. >>> a stunning new development in the disappearance of 5-year-old shaniya davis. police in fayetteville, north carolina, have charged her mother with human trafficking. antoinette davis faces a child abuse charge. she is shown here alongside a man police have charged with kidnapping the child. they say mario mcneill is the suspect captured on a hotel surveillance video carrying the girl into a room the day she was reported missing. authorities still don't know where the girl is. last thursday, they arrested davis' boyfriend, but ha

they include khalid shaikh mohammed and four other guantanamo bay detainees. >> i care about the fact these people are war criminals, they're terrorists. they do not deserve a full p panoply of the u.s. law. now they're going to be given a forum to make america seem bad again. criticize and mock america. it's extremely unseemly. >> it may turn out to be an opportunity for some people to get some of the justice they've been looking for for a long time. and they show that the civilian court system can succeed in certain case where is the evidence is clear, it's overwhelming, and you don't need to use all of this secret evidence or evidence that's been obtained through the torture program of the bush administration. >> families of 9/11 victims as you can imagine have some powerful feelings about holding this trial in new york. susan candiotti reports, some people say it hits too close to home. >> reporter: eight years of waiting is eight years too long for jim riches. he wants the alleged 9/11 conspirators tried in new york. the attack killed his son, a fellow firefighter. >> i want to g

khalid shaikh mohammed was not in new york. he was captured on foreign soil where he plotted the attack of 9/11, both in new york and in washington. and as it turns out, in pennsylvania. this is the first time an enemy combatant has been given a civilian trial, an o.j. trial. from what eric holder himself says, it is a show trial. he was asked what happens if khalid shaikh mohammed is acquitted? he says, we may detain him as an enemy combatant anyway. if he is an enemy combatant, he should be in the military tribunal that obama shut down and held in abeyance for eight months. >> larry: al, what do you think? >> we had three terrorist trials in new york. under the republicans' administration. they took a much different posture. i think that the -- clearly this was a crime. clearly it was done in new york. i think clearly there are a lot of people that engage in criminal conspiracies outside of the venue that are brought into the venue and tried. i think that the attorney general and the justice department would not have prosecut

the suspects include confessed 9/11 mastermind, khalid shaikh mohammed and four other detainees. >> i care about the fact they're war criminals, terrorists, they do not deserve the full panoply of u.s. protection of law. and most important of all, they did terrible, horrible crimes against the human race and now they're going to be given a forum to make america seem bad again and to criticize and mock america. it's just extremely unseemly. >> this may turn out to be an opportunity for some people to get some of the justice they've been looking for for a long time and may show that the civilian court system can succeed in certain cases where the evidence is clear, is overwhelming, and where you don't need to use all of this secret evidence or evidence that's been obtained through the torture program of the bush administration. >>> families of 9/11 victims, as you can imagine, have some powerful feelings about holding this trial in new york. susan candiotti reports, some people say it hits too close to home. >> eight years of waiting is eight years too long for retired firefighter jim r

an obama administration official shade khalid shaikh mohammed, you see here, and four other gitmo detainees will be tried in civilian court instead of a military commission. >> i am absolutely convinced that khalid shaikh mohammed will be subject to the most exacting demands of justice. the american people will insist on it. my administration will insist on it. >> five other gitmo detainees are also expected to be transferred to be tried by military commissions. >>> a sixth man was arrested in a disturbing child sex abuse case in missouri. the details still coming out about this horrific situation. a 77-year-old father, you see here, and his four sons, are already in custody, but did not enter a plea yesterday. according to the court documents obtained by affiliate kshb, the alleged victims are adults, now, and came forward in august. also, the sheriff is continuing searching for possible bodies linked to this case. >>> now you're thinking about buying a home or refinancing your current one, we have some good news for you. mortgage rates fell to rock bottom levels. jen westhoven joins us ri

the suspects include the mastermind of the attack, khalid shaikh mohammed, including four others. critics of the plan including republican leaders in congress claim the trials will give mohammad a platform for airing anti-american votiews. holder says that doesn't concern him. >> if khalid shaikh mohammed makes the same statement he made in his military commission proceedings, i have every confidence the nation and the world will see him for the coward that he is. i'm not scared of what khalid shaikh mohammed has to say at trial. and no one else needs to be afraid either. >> holder went on to say that terrorism cases have been tried in federal courts for many years and there are more than 300 convicted terrorists in federal prisons right now. >>> twins need to be monitored closely to ensure a healthy pregnancy. dr. sanjay gupta tells us why in today's health minute. >> reporter: elmelissa is 34 wes pregnant. she's having twins. >> i'm a little nervous about handling two newborns at the same time. >> reporter: women carrying twins are at greater risk of complications compared to wom

the justice department will seek the death penalty against self-confessed 9/11 mastermind khalid shaikh mohammed and four other guantanamo bay detainees. the civilian trials are not expected to be easy. the justice department is revealing mohammad and others were water boarded and that will pose a legal problem for prosecutors. the trials are part of president obama's plan to eventually close that u.s. prison camp in cuba. he spoke about the decision today during his trip to tokyo. >>> i'm absolutely convinced that khalid shaikh mohammed will be subject to the most exact in demands of justice. the american people insist on it and my administration will insist on it. >> the man will go on trial in the southern district of new york just blocks from the world trade center tower. nearly 3,000 people were killed in the attacks in new york and washington. the actual transfer isn't expected to happen for many weeks. what do you think about this? what do you think about trying these suspects in civilian court in new york? do you think it's the right thing to do? do you prefer they face military justice

i don't know what khalid shaikh mohammed wants to do now and i'm not going to base a determination onre these cases ought to be brought on what a terrorist, on what a murderer wants to do. he will not select the prosecution venue. i will. >> that same republican senator got some applause for his tough questioning of holder. holder said a civilian trial will not give the suspects any more of an advantage than a military commission. he promised to seek the death penalty in those cases. >>> we are checking live pictures coming from space and the space shuttle which the hooked up to the international space station. we can hear them talking right now with mission control this as we watch the first spacewalk of three that will happen on this mission. astronauts from "atlantis" floating outside. they will hook up a spare antenna and cables. they brought a lot of spare parts with them. might have a few other chores while they are out there as well. first of three. one of the fellows that will get to do this is dr. robert satcher jr. first orthopedic surgeon in space. a man and a woman out the

the suspects include the mastermind of the attacks, californcal khalid shaikh mohammed. critics of the plan, including republican leaders in congress claim the trials will give him an platform for airing anti-american views. but holder says that doesn't concern him. >> and if khalid shaikh mohammed makes the same statements in his military proceedings, i have every confidence the nation and the world will see him for the coward that he is. i'm not scared by what khalid shaikh mohammed has to say at trial. and no one else needs to be afraid, either. >> holder says terrorism cases have been tried in federal courts for many years. there he is live again now making his case. and goes on to say that there are more than 300 convicted terrorists in federal prisons as we speak. >>> a u.s. soldier says she was forced to make a choice between serving her country or caring for her infant child. she chose her son, and is refusing to deploy to afghanistan. so we want your views on this case. stay close. a single mom soldier says the army reneged on its offer of an extension so she cou

we're talking about khalid shaikh mohammed. this is an obama administration official who also says that four other detainees will be tried, as well. in new york. here's president obama. >> i'm absolutely convinced that khalid shaikh mohammed will be subject to the most exacting demands of justice. the american people will insist on it and my administration will insist on it. >> we'll hear from attorney general eric holder at 11:00 a.m. eastern. >>> all right. the remains of hurricane ida or what used to be hurricane ida, they're a problem for the mid-atlantic this morning. here's the streets, the schools are closed. 70,000 people without power. five deaths are blamed on the storms making me concerned about this one reporter. you can see here in virginia standing in the water. >> hey, guys. i'm out here at bush and olney and you can see where the water is well over my waist. >> what i don't like about that is the water is really moving. he could have been swemt away. bob will tell us what to expect in that area. >>> vaccines for

judicial system is but republicans say, it will give undeserved rights to people like khalid shaikh mohammed, the alleged mastermind behind 9/11. >> we shouldn't close guantanamo for the purposes of these terrorists. we're dealing with people who have committed acts of war against us. they shouldn't be tried in our criminal justice system. they should be tried in our military justice system. and it's absolutely inexcusable we're not using the military justice system to try these people. that's why we have such a system. >> if somebody murders americans and they murder americans in america, they ought to be prosecuted in america and hopefully convicted in america. >> republicans say a civilian trial will give the alleged terrorists the public platform that they want. >>> president obama is in beijing, part of his eight-day trip to asia. he met with china's president hu jintao today. china's financed massive sums of u.s. debt and part of the talks may clue assurances investments are safe. the president held a town hall meeting with college students in shanghai where he push for greater freedom

judicial system is but republicans say it will give undeserved rights to people like khalid shaikh mohammed the allege mastermind behind 9/11. >> when we shouldn't close guantanamo for these types of terrorists. we are living here with people who committed acts of war against us. they shouldn't be tried in our criminal justice system, they should be tried in our military justice system. that's why we have such a system. >> if somebody murders americans and they murder americans in america, they ought to be prosecuted in america and hopefully convicted in america. >> robin, republicans are saying a civilian trial will also give these alleged terrorists the public platform that they want. >> aside from the political debate, a civilian trial will also have some, i would imagine, major security implications. >> rudy giuliani who was new york's mayor on 9/11 says holding this trial there would cost too much and put unnecessary stress on police. take a listen. >> anyone that tells you this doesn't create additional security problems, of course, isn't telling you the truth. the best indication of

there were fireworks on capitol hill over the plan to try five 9/11 suspects including khalid shaikh mohammed. a woman confronted eric hold er after he defended the decision yesterday. take a listen. >> you are very conversant with the law. i am not. i think i can speak for many 9/11 families when i say that we are heart sick and weary of the delays and the machinations, and i am afraid that the theatrics are going to take over at this point and i very much regret that. >> well, think of this, though, for how long have these cases been pending? i've been attorney general for eight or nine months and we've taken the first steps towards resolving these matters. we are going to go through a process. they will undoubtedly try to do things in court as they did in the military commission. >> now if you're watching this hearing yesterday in the senate judiciary committee, he was hammered, the attorney general was. some family members of 9/11 victims broke into applause as republican senator grilled attorney general holder for leaving justice up to a judge and jury. holder insists that a civilian tri

the suspects include khalid shaikh mohammed and four other detainees from guantanamo bay. family members of the victim are sharply divided over the prospect of a civilian trial. >> bring it back here, me, my feelings, it's tasteless. it's insensitive. and those scars which have never been healed are just going to be opened again. so i am not comfortable one eye owe ta with this call. >> i think, again, it speaks to the very heart of who we are, not only as new yorkers but as american citizens. you know, if a crime is committed on our soil, you are going to be given a trial. you will be given access to an attorney. >> it's not just the families of the 9/11 victims sharply divide over the idea of a civilian trial. some say it's dangerous. because any evidence obtained against the defendant under duress, such as waterboarding, cannot be used in the trial. >> i do not understand why a war criminal should be able to have the same rights as a common criminal. i think the american people will be very unhappy about this decision. they should be. and they should reverse this decisi

but republicans say it will give undeserved rights to people like khalid shaikh mohammed, the alleged master mind behind 9/11. >> we shouldn't close guantanamo for the purposes of these type of terrorists. basically we're dealing here with people who committed acts of war against us. they shouldn't be tried in our criminal justice system, they should be tried in our military justice system. it's inexcusable we're not using the military justice system to try these people. that's why we have such a system. >> if somebody murders americans and they murder americans in america, they ought to be prosecuted in america. and hopefully convicted in america. >> republicans say a civilian trial will also give these alleged terrorists the public platform that they do want, robin. >> aside from the political debate a civilian trial would also, i would think, have some security implications. >> right. rudy giuliani who was new york's mayor on 9/11 says holding the trial would cost too much and put unnecessary stress on the police force. >> anyone that tells you this doesn't create additional securi

and khalid shaikh mohamed plot ed and planned and it resulted in the deaths of thousands of americanright to know who r our witnesses are, sources of information are, what our techniques are. when you give terrorists this information, it gets to al qaeda very quickly. it has in the past. i fear it will here as well. >> isn't there a different between a military tribunal and a military court. mostly war criminals are charged in a military tribunal. when they attacked there was no war? >> i think we've been in a war against islamic extremists since the 1993 attack on the towers. we had the bombing on the embassy, the bombing of the "cole" and then the attacks on 9/11. we're going to take him, because he blew up people in the united states and give them a trial, but the other terrorists we caught overseas, we're going try them in military tribunals. i don't understand the logic of it. i really fear the security consequences. >> mayor bloomberg says that the city can safely hold the trial. the police do an incredible job. >> we are going make sure everything is done make it safe. my conc

republicans say it can give undeserved rights to people like khalid shaikh mohammed you see here. the alleged master mind behind 9/11. >> if somebody murders americans and they murder americans in america, they ought to be prosecuted in america and hopefully conflicted in murder. >> we shouldn't close guantanamo for the purposes of these type of terrorists. we are dealing with people who committed acts of were. they shouldn't be tried in our criminal justice system but our military justice system and it's inexcusable we are not using the military justice system to try these people. that's why we have such a system. >> critic says this has major security implications. rudy giuliani, who was new york city mayor's -- new york city's mayor on 9/11, says it will cost millions of dollars to hold the trial there and put unnecessary stress on police. former new york governor george pataki has a different concern. >> i have absolutely no doubt that the nypd is capable and ready to handle the security issues that will arise. that's not the point. the point is that we will be revealing infor

critics argue that the trial would give the defendants, including khalid shaikh mohammed, a world stage to spout their hateful rhetoric. holder says america should not cower in the face of terrorists. holder also says judges can control unruly defendants. >>> a cruise to see penguins in antarctica could be about a week late getting back because it got stuck in ice. more than 100 tourists and scientists are on board. they've been using the delay to sneak in extra tours. >>> oh, gee, you mean, my vacation's going to be longer and i don't have to pay for it? 34 minutes past the hour. how's the weather shaping up today? bob's going to start for the west coast. >> you have one round of weather blasting the region over the last couple of days. it brought heavy rain across the pacific northwest. look at the next one coming in. bright white clouds moving on through to the east. making a beeline for the coast. tonight, the wind's going to pick up. the rain, too. how much rain over the next two days? get a load of this. another shot coming in off the pacific. those red, shaded areas, about four t

i know that khalid shaikh mohammed in an recall 3 court will try to do as he tried to do in the military commission, spew his ideology, his hate, whatever. article 3 judges have dealt with these issues before the unique -- issues that i think in some ways sound unique are not going to be found to be unique. in the article 3 courts, over the past 200 years, we've dealt with, as you've said, just about every permutation. there is going to be precedent for almost every decision that a judge is going to have to make u certainly not my attention to denigrate what has been accomplished with the military commissions. it was simply -- and i agree with the attorney general, that there is this experiential base differential. if i could ask unanimous consent that three questions for the record be propounded by me, one has to be with where we are on the drug enforcement administration's new rules that will allow them to move off paper records so that we can move to e-prescribing so we can build up our electric tropg health record network as the president wishes, timing on that determination. the sec