SENATE SEAT

Rudy Giuliani may be seeking a new title, and it's not governor.

For Giuliani, the decision to forgo the governor's race and run against Kirsten Gillibrand in 2010 was a no-brainer.

Sources tell CBS station WCBS-TV that Giuliani is more interested in national issues. He's been one of the most outspoken Republicans railing against the decision to try Khalid Sheik Mohammad and four other accused terrorists in New York City.

Giuliani's connection to the 9/11 attacks in the minds of New York voters may bolster his chances. A new Marist poll shows ditching the governor's race may be the right move.

Among the 800 New Yorkers surveyed, Giuliani easily defeats Gillibrand 54 to 40 percent. He also tops incumbent Democratic Governor David Paterson 60 to 35 percent. But in a head to head matchup against State Attorney General Andrew Cuomo, one of the most popular politicians in the state, the poll shows Giuliani would lose the governor's race by a relatively wide margin, 53 to 43 percent.

Meanwhile, Giuliani said on Thursday that trying self-professed Sept. 11 mastermind Khalid Sheikh Mohammed in a federal civilian court in New York is unwise and unnecessary.

"There's no reason to put New York through this," said Giuliani, who was mayor when terrorists flew two hijacked planes into the World Trade Center and one struck the Pentagon. A fourth jet crashed in western Pennsylvania.

"If President Barack Obama had concluded that military tribunals were impermissible," Giuliani said, "I would have been in favor of it." He called the decision to use the federal court system "unprecedented" and said that in the Civil War and in both World War I and World War II, the United States relied on military courts.

Sources say he wants to fill the remaining two years of Hillary Clinton's term, and then possibly make another run for president in 2012.

Friends of the former mayor say they think he'd be a major player in the senate from day one, giving senior Senator Charles Schumer a run for his money.

Among Giuliani's perceived strengths is his unofficial role as the GOP's attack dog, because they loved his ability to speak forcibly and intelligently on Republican positions.

Republicans believe Giuliani has been an important voice against national health care reform, and would continue to be.