Sen. Lindsey GrahamLindsey Olin GrahamSenators spar over validity of Trump impeachment trial Trump selects South Carolina lawyer for impeachment trial Democrats formally elect Harrison as new DNC chair 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 HolderWhy a special counsel is guaranteed if Biden chooses Yates, Cuomo or Jones as AG Joe Biden's continued 'Russian misinformation' defense of Hunter is conspiracy-level laughable Tyson fires 7 after probe into managers coronavirus betting MORE on trying Mohammed.

Sen. Claire McCaskillClaire Conner McCaskillFor Biden, a Senate trial could aid bipartisanship around COVID relief Lobbying world Former McCaskill aides launch PAC seeking to thwart Hawley 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.