Michael Mukasey, the final attorney general in the Bush administration, defended military tribunals, asserting that they were created for this kind of case and noting that they were used during and after World War II.

Holder said he decided to seek justice against the suspects in federal court rather than a military tribunal because the attacks targeted civilians on U.S. soil. But Mukasey and other critics say the attack was an act of war that should be prosecuted in a military tribunal.

Mukasey said it's unlikely that Mohammed will be acquitted because of his confession and other evidence linking him to the attack. But he added that same evidence could present problems in federal court.