The text of an amendment just proposed by Senator Graham:
(a) PROHIBITION ON USE OF FUNDS FOR PROSECUTION OF 9/11 TERRORISTS IN ARTICLE III COURTS.-None of the funds appropriated or otherwise made available for the Department of Justice by this Act may be obligated or expended to commence or continue the prosecution in an Article III court of the United States of an individual suspected of planning, authorizing, organizing, committing, or aiding the attacks on the United States and its citizens that occurred on September 11, 2001. (b) ARTICLE III COURT OF THE UNITED STATES DEFINED.-In this section, the term ‘‘Article III court of the United States” means a court of the United States established under Article III of the Constitution of the United States.
A lawyer points to the language — the amendment says anyone suspected, not charged, with planning and otherwise abetting the 9/11 attacks. That might mean this amendment will cast a wider net than it would seem at first blush. At the very least this would keep Khalid Sheik Mohammed from setting foot on U.S. soil.
