November 13, 2009

Guantanamo: 40 to Trials (Federal and Military)

Ahha! The decision to release 26 Yemenis to Yemen makes a little more sense as part of an overall push by the Obama administration to clear Gitmo of as many detainees as possible before January. Some high value detainees are coming to New York for trial, others like USS Cole bomber Nashiri will have military commissions and some detainees may stay incarcerated as too dangerous to release.


WaPo Khalid Sheik Mohammed -- the self-proclaimed mastermind of the Sept. 11, 2001 attacks -- and four co-defendants will be tried in federal court in New York instead of a military commission, a federal official said early Friday.

Abd al-Rahim al-Nashiri, accused of orchestrating the bombing of the USS Cole when it was docked off the coast of Yemen in 2000, will be tried at a military commission, said the official, who spoke on condition of anonymity because the decisions have not yet been formally announced by the Department of Justice...

Administration officials say they expect that up to 40 of the detainees at Guantanamo Bay will ultimately be tried in either federal court or military commissions -- possibly including federal courts in the District or Alexandria. Approximately 90 others have been cleared for repatriation or resettlement in a third country, according to an administration official.

Obama, speaking to reporters in Japan on the first day of an eight-day overseas trip, declined to comment extensively on the decisions, saying Attorney General Eric Holder would hold a news conference later in the day. But he said he was "absolutely convinced that Khalid Sheik Mohammed will be subject to the most exacting demands of justice. The American people insist on it, and my administration will insist on it."

Administration officials say they expect that up to 40 of the detainees at Guantanamo Bay will ultimately be tried in either federal court or military commissions -- possibly including federal courts in the District or Alexandria. Approximately 90 others have been cleared for repatriation or resettlement in a third country, according to an administration official.

That leaves up to 75 individuals remaining at Guantanamo who could continue to be held under the laws of war because they are deemed too dangerous to release but cannot be prosecuted because of evidentiary issues and limits on the use of classified material.


By Jane at 07:19 AM | Comments |