Sen. Lindsey GrahamLindsey Olin GrahamOVERNIGHT ENERGY:  EPA announces new clean air advisors after firing Trump appointees |  Senate confirms Biden pick for No. 2 role at Interior | Watchdog: Bureau of Land Management saw messaging failures, understaffing during pandemic Graham, Whitehouse: Global transition to renewables would help national security Hillicon Valley: Senate unanimously confirms Chris Inglis as first White House cyber czar | Scrutiny mounts on Microsoft's surveillance technology | Senators unveil bill to crack down on cyber criminals MORE (R-S.C.) said Sunday that he believes he has the votes to keep professed 9/11 mastermind Khalid Sheikh Mohammed from being tried in a U.S. civilian court.

The senator said on "Fox News Sunday" he believed in an "all of the above" approach to trying terror suspects that could utilize civilian courts and military commissions, but said he would do "everything in my power" to keep Mohammed and 9/11 co-conspirators from being tried in a civilian court.

"It is a disaster waiting to happen," Graham said. "I believe I have the votes to block it."


The administration's plans for trying future terror suspects is in limbo since Ahmed Ghailani, a Guantanamo detainee charged in the bombings of the U.S. embassies in Kenya and Tanzania, was acquitted on 284 counts and convicted on one charge of conspiracy to commit terrorist acts.

Secretary of State Hillary Rodham Clinton stressed last weekend that there will be a recommendation coming from Attorney General Eric HolderEric Himpton HolderObama planning first post-2020 fundraiser Democratic group launches seven-figure ad campaign on voting rights bill Biden: 'Simply wrong' for Trump DOJ to seek journalists' phone records MORE on trying Mohammed.

Sen. Claire McCaskillClaire Conner McCaskillThe Hill's Morning Report - Presented by Uber - Jan. 6 commission vote delayed; infrastructure debate lingers into June Missouri Republicans move to block Greitens in key Senate race Democratic Kansas City, Mo., mayor eyes Senate run MORE (D-Mo.) said on the same program that "each case needs to be dictated by the facts" and the "very highest" operatives behind the 9/11 attacks should be tried in military courts, but stressed it should be on a "case-by-case basis."

"He was ready to plead guilty before the Obama administration stopped the trial," Graham said of Mohammed sending a note to the military judge in his case back in 2008, expressing his desire to plead guilty.