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HOLDER: 911 TRIALS IN NYC STILL POSSIBLE

A civilian trial in New York for Khalid Sheikh Mohammed and his co-defendants in the Sept. 11 terror trial is still a possibility, Attorney General Eric holder told senators today.

Testifying before the Senate Judiciary Committee, Holder also said the United States would like to capture and question Osama bin Laden, but that the expectation was that the leader of al Qaeda won't be taken alive.

Republicans have repeatedly questioned the Obama administration policies in dealing with terror suspects, how they questioned to gain intelligence and how they are tried, whether in civilian or military venues. The Obama administration has tried to separate itself from some of the Bush administration policies.

Holder had originally proposed trying Mohammed in a civilian court in New York, but that decision is under review by the White House after New York officials changed their minds and rejected the idea.

Holder today argued that civilian courts was one of several approaches, including military commissions. The Justice Department has obtained 160 convictions for terrorism offenses and 240 convictions for terrorism-related crimes, he said.

"At a time when questions have been raised about the role of our courts, it is important to note that most of these convictions came during the last administration, which made the criminal justice system an integral component of its counterterrorism strategy," Holder said.

"The Bush administration used the criminal justice system to interrogate, prosecute and incarcerate terrorists for the same reason the Obama administration has: it is an extremely effective tool to ensure justice and protect the security of the American people," he said. "Let me be clear: this administration will use every tool available to fight terrorism. That includes both civilian courts and military commissions."

Holder said no final decision has been made on the Sept. 11 terror trial.

"As I've said from the outset, this is a close call,'' Holder told the Senate committee. "It should be clear to everyone by now that there are many legal, national security and practical factors to be considered here. As a consequence, there are many perspectives on what the most appropriate and effective forum is."

President Barack Obama endorsed Holder's decision to hold the terror trial in new York and, like his attorney general, made a point about the value of the civilian rule of law and the signal the decision sent the world about how this administration chooses to handle terror trials.

But the administration stepped back after conservatives and Republicans questioned the move.

Complicating the issue was the Christmas incident involving a jetliner heading to Detroit. Umar Farouk Abdulmutallab, a Nigerian Muslim, set himself on fire trying to ignite explosives in his underwear. The plane landed safely.

Abdulmutallab was apprehended and treated as a criminal and read his Miranda rights. Conservatives argued that was a mistake because interrogation under military standards could have yielded more information.

Holder defended the decision, saying: "Although I obviously cannot discuss the intelligence he has provided, I can tell you that it has been not just valuable, but actionable."

Last month, Holder told other lawmakers that bin Laden likely will never face trial because he would be killed first. The top U.S. commander in Afghanistan said the goal was for U.S. troops was to capture Osama bin Laden alive and "bring him to justice."

"We hope to capture him and interrogate him," Holder said. But it highly unlikely he will taken alive," because past reports suggest bi Laden's bodyguards have been ordered to not to let him be captured alive.