WASHINGTON — The government's decision to prosecute the mastermind of the Sept. 11, 2001 attacks in a civilian court and the prospect of an eventual traumatic trial of the mass murderer of 13 persons at Fort Hood, Tex., hold the distinct possibility of exacerbating already virulent anti-Muslim sentiment in this country.
The New York courtroom drama that is expected to play out in the case of Khalid Sheikh Mohammed could go on for months in a tense atmosphere of enormous security and uncertain outcome given his years of military confinement and record of torture by the CIA. Those who know him warn he is capable of turning the entire process into a circus.
At the same time, the eventual prosecution of Maj. Nidal Malik Hasan, whose own motives in the deadly Army base rampage aimed at his fellow soldiers also may be embedded in religious fanaticism, could further inflame Americans who have been wary of Muslims generally since 9/11 and subject to a barrage of incendiary rhetoric from right-wing talk radio hosts.
President Obama has promised that the government will investigate fully the motives, views and contacts of Hasan. Tragically, the Fort Hood massacre, as in the case of 9/11, could have been avoided had the authorities paid attention to warning signs. Hasan had been in touch with a radical Muslim cleric in Yemen and Army psychiatrists had been increasingly concerned about his attitude, although officials apparently chose to overlook his sketchy performance and possible growing instability rather than risk being accused of ethnic profiling.
It would be far better for the loved ones of those Hasan killed and wounded to bring him to a swift and certain judgment. But the very fact that he is a Muslim dictates a thorough process to determine whether there is any formal link to terrorism or if he is the worst of all possibilities — a radical carrying out a personal jihad. U.S. security officials have been concerned for years that this lone terrorist syndrome would replace the more organized variety.
Mohammed and four others to be tried in civilian court are another story, of course. Mohammed has confessed, even openly relished, his leading role in the 9/11 attack, which he claimed more credit for engineering than Osama bin Laden. But his overall treatment by the CIA, including waterboarding, goes against all rules governing the American system of justice. All this mitigates in favor of those who contend that shifting the prosecution from the military tribunals, where there is better leeway, to the civilian courts, is a mistake.
The fact that Hasan's family quickly disavowed his actions, expressing humiliation and shame, can be seen as a clear sign that the Muslim community is worried about a potential backlash particularly as national attention is focused on the trial of Mohammed and the other terrorists.
The dangers are clear here. It is difficult to imagine an atmosphere more fraught with tension and the possibility of anger and violence. It is a natural reaction. But in both instances, Justice Department officials will have to move carefully and with a concerted effort to stress that these horrific events are as appalling to the mainstream Muslim community as they are to the rest of us.
Hasan is apparently paralyzed from the wounds he received in an exchange with police officers and it is problematic when he will come to trial. Sadly in both the Mohammed and Hasan cases, it still will be some time before the families and surviving victims of each will find any kind of closure.
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E-mail Dan K. Thomasson, former editor of the Scripps Howard News Service, at thomassondan@aol.com.
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