Mohammed Jawad, Gitmo Detainee, May Be Tried In U.S. Court

WASHINGTON — The Pentagon's top lawyer said Friday that the Obama administration has not abandoned the possibility of transferring some prisoners from the Guantanamo Bay detention center to a prison in the United States despite strong congressional concerns.

Defense Department general counsel Jeh Charles Johnson told the House Armed Services Committee that some suspected terrorists might be transferred to the U.S. for prosecution and others sent to a facility inside the U.S. for long-term incarceration.

Johnson also said no prisoners would be released from custody inside the country.

Administration officials had raised those possible moves before, but Congress in June passed a law that would allow detainees held at the Navy-run prison in Cuba to be transferred to the U.S. for prosecution only after lawmakers have had two months to read a White House report on how it plans to shut the facility and disperse the inmates.

Congress also blocked all funding for the transfer of any Guantanamo detainees into the United States for the 2009 fiscal year ending Sept. 30. President Barack Obama has ordered the Guantanamo facility closed by January 2010.

The White House is considering both civilian federal jails and military prisons for potential future incarceration for prisoners facing criminal prosecution, military tribunals, or long-term detention without a trial, Assistant Attorney General David Kris said at the same hearing.

More than 50 have been cleared for transfer to another country. An administration task force is still sorting through the remaining 229 prisoners to determine their fates. The panel has made determinations in about half the cases, according to a Justice Department official who asked not to be named because he is not authorized to discuss the matter publicly.

Government lawyers in both the Obama and Bush administrations say that an unspecified number of detainees they consider especially dangerous should continue to be held without trial. Some of the evidence against them is classified or thin, and the government fears these detainees could be released should they be given their day in court.

Johnson also said the Obama administration has not yet determined where it will hold newly captured al-Qaida or Taliban prisoners for extended detention after Guantanamo Bay's prison closes.

The Bush administration established the jail at Guantanamo shortly after the Sept. 11 terrorist attacks to hold and interrogate suspected terrorists. It has held about 780 prisoners.

About 550 of them have been returned to their home countries or resettled in other places. Roughly another 50 have been approved for transfer to other countries, pending those governments' approval.

The Obama administration on Friday signaled it intends to bring a second Guantanamo Bay detainee to the United States for trial in criminal court. Federal prosecutors told a court Friday they no longer plan to hold Mohammed Jawad as a wartime prisoner. Jawad is not likely to be transferred soon. For the time being, prosecutors say, he will remain at Guantanamo while an "expedited" criminal investigation is conducted.

So far, the only Guantanamo detainee brought to face trial in a U.S. criminal court is Ahmed Ghailani, who was sent to New York in June to face charges he helped orchestrate two bomb attacks on U.S. embassies in Africa in 1998.

(This version CORRECTS in paragraph 3 by deleting "The law is silent...")

Comments

[NevaforLeadership]

When comments are censored rather than moderated, an article won't attract much attention.

[ostrom808]

Sure, that makes sense. Jawad was twelve years old when he was captured.(A hardened warrior, I am quite sure) He has been held for over six years in GTMO. He was tortured while there. And this week, a US judge ruled that we have no valid reason to hold him anymore because any and all evidence against was acquired through the use of torture.

And what is our response? Well, NOW we are going to try him. I call bs on all this nonsense.

He should be released. Into the US if he can't go anywhere else. He can live with me if nowhere else. I have no fear this boy, for that is what he still is, a BOY!!

To those who say otherwise to releasing those who have been held without charge and without valid reason, you are emblematic of the pantywaists that have taken over the US.

Grow a pair America, and take a stand for freedom and not for perpetual fear!!

[Paula Ann]

WoooooooooooHooooooooooooo, you tell 'em Ostromom. I will babysit when you have to go shopping or get your hairdone or whatever.

[timberdoodle]

If the United States allows all their captives the right to a fair trial it will spoil the American image that Bush and Cheney worked so hard to create.

[poco767c]

All should be tried in US courts.
If there is not enough evidence to convict them they HAVE to be allowed to go home.
It may make America less safe, however it is what we must do to regain our soul.

[thegirlnextdoor]

or, it may make america more safe.

[Whinger]

Just like the Irish in british courts, this guy will get a fair trial before they throw away the key!

[BLUEBIRD1234]

It is right to give the accuseds a chance to defend themselves,may be they prove they are innocent. the law says if you have to, you do, but never punish an innocent. Had the cowboy done and took care of these Guantanamo Bay prisioners under the normal law even then these mess would not trouble USA recover so long.

These notorious Republicans always did this stupid things to make the opposition PARTY A failiure to run the national administration and make their come back to power easy. But this time they got a jolt. Had all the democrats been united then the Republican would never see the light of the day, in centurys to come.

The Party filled up with cooks, sodomy experts, rapist, murderers, and what not. LOOK at the vultures they even now oppose the close down of the guantanamo prison to gether with these people there are some hidden agents in democrat party who used to support BUSH administration even now these democrats are trying to divide the Democrat Party these elements should be booted out.

[C Guile]

Hey, easy Borat. I'm a cook and I'm not a Republican

[Progressneeded]

I think he meant crooks! Darn those sticky keys:)

[Nicon]

Americans make up 5% of the Worlds population yet we have 25% of the worlds prison population. The only think we do better than EVERY other place on the planet is lock people up. Why people think these guys can't be held in US prisons is beyond me.

[Progressneeded]

That is because prisons are big private businesses. How else will they make profit if we don't lock up large numbers of innocent people?

[Realitylost]

Most other nations dont lock people up for personally desctructive behaviour, personal drug use.

[qzy]

Of course we CAN lock them up. It isn't about "can". It's about "should". Should we lock up anyone who kills or attempts to kill an american citizen ? Anywhere in the world ? Why not ?