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White House Making Sure Military Commissions at Gitmo Don't Happen

1:00 PM, Mar 22, 2011 • By DANIEL HALPER
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Catherine Herridge reports:

More at foxnews.com

While the White House says new military trials will begin at Guantanamo Bay, three military lawyers who represent alleged 9/11 conspirators say they don't think it will include their case. And documents obtained by Fox News suggest that the trial may be in a holding pattern as the Obama administration looks for a way to bring the accused terrorists into the civilian justice system....

When the Obama administration announced earlier this month that military tribunals would resume at Guantanamo, many assumed that the highest-profile defendants at the prison -- the alleged 9/11 conspirators -- would soon be headed for trial. The lawyers’ experience suggests otherwise....

In a March 8 email to Lachelier obtained by Fox News, Defense officials traced the refusal to Attorney General Eric Holder.

"The Attorney General has determined that Mr. Bin al Shibh will be prosecuted in federal court," the email says. "If at some time the Attorney General changes his decision regarding forum, you can resubmit your request."


A Feb. 25 email from the Office of Military Commissions obtained by Fox News was even more specific: “Until the Attorney General says otherwise, any prosecution of the 9/11 detainees will be in federal court. That said, the Convening Authority (the body that oversees the military trials) will not approve, at this time, any travel requests from counsel to investigate or prepare for those cases, or any other cases, earmarked by the Attorney General for prosecution in federal court. Such requests should be put on hold and resubmitted when, and if, the Attorney General changes his forum decision."

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