Team Obama Mulls Terrorism Prosecutions; Move May Reduce Number Of Tribunals
The Obama administration legal team is divided over whether to drop two terrorism cases originally prosecuted in a military commission at Guantánamo Bay, Cuba, a decision that could have far-reaching consequences by significantly reducing the number of other prisoners who can receive tribunal trials.
The two defendants were found guilty in 2008 by a tribunal on charges — including “material support for terrorism” — that the Justice Department concedes were not recognized international war crimes at the time of their actions. In October, an appeals court rejected the government’s argument that such charges were valid in American law and vacated the “material support” verdict against one of the men, a former driver for Osama bin Laden.
Administration officials are now wrestling with whether to abandon the guilty verdict against the other detainee, a Qaeda facilitator and maker of propaganda videos.