May 21, 2009 8:00 AM

AG Confirms Gitmo Detainee Trial In NYC

(CBS/AP)  The Obama administration is pressing ahead with its plan to close the Guantanamo Bay detention center, deciding to put a "high value" detainee on trial in New York City despite resistance from some in Congress.

The decision precedes a major national security speech by President Barack Obama Thursday.

Attorney General Eric Holder announced early Thursday that Ahmed Ghailani will be sent to New York City for trial, which would make him the first Guantanamo detainee brought to the U.S. and the first to face trial in a civilian criminal court.

Ghailani was indicted by a federal grand jury in New York for the 1998 bombings of U.S. embassies in Africa - attacks that killed 224 people, including 12 Americans. It was not immediately clear when the transfer would occur.

"By prosecuting Ahmed Ghailani in federal court, we will ensure that he finally answers for his alleged role in the bombing of our embassies in Tanzania and Kenya," Holder said in a statement.

"This administration is committed to keeping the American people safe and upholding the rule of law, and by closing Guantanamo and bringing terrorists housed there to justice we will make our nation stronger and safer," the attorney general said.

Ghailani, a Tanzanian, was categorized as a high-value detainee by U.S. authorities after he was captured in Pakistan in 2004 and transferred to the detention center at the U.S. naval base in Cuba two years later.

The decision on the first U.S. trial of a Guantanamo detainee comes as President Obama faces pressure from across the political spectrum on his plan to close the detention center by January 2010. Democrats have said they want to see the president's plan for closing the base before it approves money to finance it, and Republicans are fighting to keep Guantanamo open.

In a rare, bipartisan defeat for President Obama, the Senate voted overwhelmingly Wednesday to keep Guantanamo open for the foreseeable future and forbid the transfer of any detainees to facilities in the United States.

Some lawmakers have already voiced opposition to bringing Guantanamo detainees to the U.S. for trial, even in heavily guarded settings.

Congressional opposition aside, national security experts say Mr. Obama has little choice but to close the prison. It "would be destructive to his credibility" if Guantanamo does not close, says CBS News national security consultant Juan Zarate.

Mr. Obama met with representatives of the ACLU, Human Rights Watch, and other human rights groups at the White House Wednesday.

The Associated Press reported in March that Ghailani was among a handful of high-value suspects that prosecutors were considering bringing to trial in the United States on charges that predate the Sept. 11, 2001, terror attacks.

Trying Ghailani for the embassy attacks may help prosecutors avoid legal challenges surrounding Ghailani's detention and treatment.

U.S. authorities say he helped plan and deliver the explosives in the embassy attack, and later rose up through the al Qaeda ranks.

He has denied knowing the TNT and oxygen tanks would be used to make a bomb. He also denied buying a vehicle used in the attack, saying he could not drive.

Just before the embassy bombings, Ghailani flew to Pakistan.

Last year, military prosecutors charged that after the 1998 bombings, Ghailani worked for al Qaeda as a document forger, trainer at a terror camp and bodyguard to Osama bin Laden.

The Ghailani decision revives a long-dormant case charging bin Laden and top al Qaeda leadership with plotting the Aug. 7, 1998 bombings at U.S. embassies in Nairobi, Kenya and Dar es Salaam, Tanzania.

The blasts killed more than 200 people and injured thousands, including many who were blinded by shards of flying glass. The attacks prompted then-President Bill Clinton to launch cruise missile attacks two weeks later on bin Laden's Afghan camps.

Four other men have been tried and convicted in the New York courthouse for their roles in the embassy attacks. All were sentenced to life in prison.

© 2009 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment See all 21 Comments
by mcintoshlou May 21, 2009 4:37 PM EDT
AFTER EIGHT YEARS OF BUSH/CHENEY ONLY

A FOOL WOULD RATHER BE A REPUBLI'''CON'''

THEN A SOCIALIST, SOCIALISM IS ALWAYS BETTER

THEN REPUBLI'''CON''' FASCISM
Reply to this comment
by enriquecaliente May 21, 2009 2:07 PM EDT
"I love it............this is akin to saying "have a seat in the corner" to our esteemed community organizer of a president!!"

Still pissed that the community organizer, kicked your butt thoroughly in the elections eh.

Sour grapes. Deal with it.

It's fun to hear the people who's party had 8 years to get it right, now complain and cry and demand a do over. Sorry it was tried your way and look at where it got us. We'll try Obama's way and if that doesn't work, he'll be out of a job in 4 years too.
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by mcintoshlou May 21, 2009 1:00 PM EDT
Even with the metric ton of feces that have been thrown in Nancy Pelosi's direction
most American's prefer the Democrats to the republicons

Posted by pythoncharly at 9:19 AM : May 21, 2009

ROFL! And these past few months have clearly demonstrated that ALL REPUBSLOBS KNOW HOW TO DO IS THROW THEIR OWN FECES.


LOL, RIGHT ON DUDE,

RIDE THAT WAVE MAN, THE SURF IS UP!
Reply to this comment
by WayAround May 21, 2009 12:45 PM EDT
"a 'high value' detainee on trial in New York City"

In NYC? Where the World Trade Center attack occurred?

What a f*cking media circus that trial will be....
Reply to this comment
by moderateminded44 May 21, 2009 12:42 PM EDT
Even with the metric ton of feces that have been thrown in Nancy Pelosi's direction

Posted by pythoncharly at 9:19 AM : May 21, 2009

ROFL! And these past few months have clearly demonstrated that ALL REPUBSLOBS KNOW HOW TO DO IS THROW THEIR OWN FECES.
Reply to this comment
by patocc123 May 21, 2009 12:00 PM EDT
The Rule of Law if followed would not have the trial in a civilian court.
Posted by patocc123 at 5:17 AM : May 21, 2009

Riiiight. For now on, all our extradition treaties should declare all suspected criminals will be sent to Gitmo and held indefinitely or until we get around to trying them -- whichever comes first.
Posted by _LawyersGuns-n-Money_
------------------------------------
Its a federal case. Tell me was it the NYC DA doing the investigation. Plus where can the defendant get a jury of his peers. I did not say that a trial was not warranted or needed I made reference that these are not civil trials. You really shouldn't assume or jump to conclusions.
Reply to this comment
by WayAround May 21, 2009 9:53 AM EDT
"a 'high value' detainee on trial in New York City"

NYC? Where the World Trade Center attack occurred?

What a f*cking media circus that trial will be....
Reply to this comment
by pepperwood2 May 21, 2009 9:36 AM EDT
AG Confirms Gitmo Detainee Trial In NYC.........."High Value" Terrorist Suspect Will Be First From Guantanamo To Appear In U.S. Civilian Court.

What seems to be the big deal here? Just because these Terrriorist are coming to the U.S. for trial. If convicted just where do you think that they will be sent?? Don't tell me - I bet we the people are going to build them a nice plush vacation prison when the rest of the Free World will not take them if convicted. Prettly slick trick eh.

Now where in the US is unemployment the highest and good paying jobs are needed. Will it be Pelosi's back yard? Will it be Reid's State of Nevada? Will it be BO's home town? Well use your intelligence, the terrorist are already here and now have foot in the door. I bet its going to be your home town and The Washington Elite are counting on it. cackle cackle cackle on us again.
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by brianbwb-2009 May 21, 2009 9:11 AM EDT
Regardless of what congress wants, the neos want, or even what "the people" want, here is the law on the matter,

" 1. Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted."

This means if you took a person from, say, Iraq, then that person must be returned to Iraq for trial. failure is a breach, unless there is reason to believe that person would be subject to torture.

"2. Such State shall immediately make a preliminary inquiry into the facts."

The country from which the subject was taken in the above case, must investigate.

"3. Any person in custody pursuant to paragraph I of this article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national, or, if he is a stateless person, with the representative of the State where he usually resides."

The person can contact the embassy of his country, or the country he was in when taken. This was violated.

"4. When a State, pursuant to this article, has taken a person into custody, it shall immediately notify the States referred to in article 5, paragraph 1, of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction. "

The US should immediately notify the country whose national they took. Since Bush initially claimed we weren't taking them, this law was violated.

Article 7

1. The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.

" If taken in Iraq, then the case is to be tried in Iraq"

"2. These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. In the cases referred to in article 5, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5, paragraph 1."

The case is subject, in the above example, to Iraqi laws, and international laws. Trial in the US is therrefore a violation of law, unless the persons would be tortured in their home country, and no other country will take them, in which case he is subject to American law, and its protections.

''3. Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings"

Since subjects in this matter have been tortured, this law was violated

Squawk all you want neos, here is the law.
Reply to this comment
by BeckieBest May 21, 2009 8:50 AM EDT
Another tempest in a teapot. We already have dozens of terrorist prisoners in U.S. supermax facilities. If there was any worry that they would escape and do harm, they wouldn't be here.


This is just another political football.
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