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Military Commission Charges Dropped Against Terrorist Suspect Al-Nashiri
February 05, 2009 5:46 PM
As President Obama prepared to order the Department of Defense's Military Commission to withdraw charges against terrorist suspect Abd al-Rahim al-Nashiri on Friday afternoon, the convening authority for the Commission, Susan Crawford, withdrew the charges on her own Thursday night.
The charges were withdrawn without prejudice, meaning they later can be reinstated in a military commission or pursued in a civilian court. Al-Nashiri will remain in custody.
The original plan was for the announcement not to be made until after President Obama meets with the families of victims of terrorist attacks on 9/11 and on the U.S.S. Cole Friday afternoon, where he will assure them that this step was not done to be lenient towards al-Nashiri.
The move is being done to stop the continued prosecution of al-Nashiri in a court system that his administration may ultimately find illegitimate, not for any other reason, sources told ABC News.
President Obama has expressed concern about whether the military commissions set up by the Bush administration are the proper way to go forward in pursuing charges against the U.S. detainees, and on January 22 he asked all the judges supervising the trials of detainees for a continuance of 120 days, so a team of administration officials could review the best way forward.
In almost the cases, that continuance request was granted. But last week the judge supervising the al-Nashiri trial -- Army Col. James L. Pohl, the chief judge at the Guantanamo Bay war crimes court -- said he would not heed President Obama's request for a 120-day continuance, or delay, in prosecutions of terrorism suspects. Pohl called the president's request "not reasonable" and not "in the interests of justice."
The arraignment of al-Nashiri is scheduled for Monday, February 9.
Al-Nashiri has been identified as the former Persian Gulf Operations Chief for al Qaeda and the mastermind of the attack on the U.S.S. Cole. In March 2007 he testified in military court that he only confessed to certain crimes because he has been tortured for the previous five years.
Asked for reaction to the news, Commander Kirk Lippold (Ret.), former Commander aboard the U.S.S. Cole when it was bombed on October 12, 2000, told ABC News that he was "concerned" about the move.
"For some reason the administration says what's been expressed through the legislature is not sufficient," Lippold said of the military commissions, which he said had "undergone extensive legal and legislative review...They need to allow the process to go forward."
The 26-year Navy veteran said he found the decision to close the detention facility at Guantanamo Bay "disappointing," but he seemed willing to hear the president out.
"I'm interested in hearing what his long-term plan is on how he's going to deal with the detainees because he hasn't articulated that," he said. "He may have a clear-cut path that may massage some of the concerns that I know many of the families have right now."
In a way, the President tied his administration's own hands, requiring the dropping of the charges. The executive order President Obama signed on closing the Guantanamo Detention Facilities states that "all proceedings" in the US Military Commissions must be "halted":
"The Secretary of Defense shall immediately take steps sufficient to ensure that during the pendency of the Review described in section 4 of this order, no charges are sworn, or referred to a military commission under the Military Commissions Act of 2006 and the Rules for Military Commissions, and that all proceedings of such military commissions to which charges have been referred but in which no judgment has been rendered, and all proceedings pending in the United States Court of Military Commission Review, are halted."
Lippold, a Senior Military Fellow with Military Families United, served on the Joint Chiefs of Staff and crafted detainee policy in the initial stages of what the Pentagon called the Global War on Terror. He was invited to meet with the President along with the other families tomorrow.
"I'm looking forward to hearing what the president has to say tomorrow when he meets with the families of the U.S.S. Cole," Lippold said.
- Jake Tapper with additional reporting by Luis Martinez at the Pentagon
* This post has been updated.
February 5, 2009 | Permalink | Share | User Comments (357)
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come to Serbia and face real problems!
Posted by: rapidshare movies | Sep 14, 2009 6:31:12 AM
I read many of the above comments> I am very puzzeled.
Where are those "Americans" who voted for Obama??
Barak HUSSEIN Obama is all the ugly descriptions in the book, but I blame most those who voted for him.
He OBVIOUSLY Muslim our enemy), he lied and lied and contradicted himseldf, sometimes in the same speach, during his campaign. Where he got over 800 million from? That soes not nedd a brainer. From the oil rich Muslim countries mainly Saudi Arabia.
I, really, cannot call him traiter, becasue this is not HIS country.
Posted by: Bill | May 2, 2009 8:24:28 AM
I can honestly say that I am scared, this is going to be a long 4 years!
Posted by: Chuck | Feb 10, 2009 9:39:30 AM
This certainly doesn't help me feel safe about Obama answering that 3 AM phone call!!!
Posted by: Disgusted in Ohio | Feb 8, 2009 9:15:13 PM
no one should be surprised that obama is taking care of his muslim friends either directly or by applying pressure as in this case. obama is already appeasing the muslims, arabs, palestinians, hamas, hezbollah in the middle east. obama is america's chamberlain, britain's diplomat, who appeased germany's dictator prior to ww2.
Posted by: Lawrence | Feb 7, 2009 8:59:50 AM
LMAO I think so many people are so liberal that they forgot to read the whole constitution. Do you know the constitution was written for legal Citizens of the USA. The writ of Habeas Corpus is null and void when it comes to Non US citizens. That is why international laws are used, As in the UN Laws.
The 1st lines of the constitution states "We the People of the United States" not We the illegal immagrants, terrorists, against the United states.
Posted by: who me | Feb 6, 2009 6:55:09 PM
What a slap in the face to the familes of the men and woman killed in the Cole bombing. This guy will get an easy chair and perhaps a white guy to fan him and then he will be turned loose upon the American people so he can kill. Well the lefties got their way and now we only have to wait until we are attacked on our own soil by these nuts that Obuma is going to welcome with open arms. What a fraud this guy is. Obama should be tried for treason and the military should be in charge of the trial.
Posted by: madvtr | Feb 6, 2009 6:43:53 PM
What the heck is our President doing? What do you want more American's to die? You call yourself the Commander in Chief? What are you saying to the veterans? How can you do this and then send service members to fight when you are letting the terrorists out of prison? SHAME ON YOU PRESIDENT OBAMA
Posted by: SCOOT | Feb 6, 2009 6:38:01 PM
I served in the United States Navy for the past five years. I know many people that have served on the USS Cole, and at Gitmo. What the hell is OBAMA doing? How can he call himself the COMMANDER IN CHIEF when he does CRAP like this? SHAME ON YOU OBAMA!!! HAVE YOU FORGOTTEN ABOUT THE WORLD TRADE TOWERS, THE PENTAGON, AND THE PLANE THAT WENT DOWN IN PENNSYLANVIA!!!!
SOME PRESIDENT YOU HAVE TURNED OUT TO BE.
Posted by: Jewels | Feb 6, 2009 6:33:51 PM
i am truly shocked to find out that this president thinks more of a killer than our own military, one thing you have to give him credit for, he didn't lie at his promise, he said we need change, and change we will get. So get ready for this president to put other countries and people before us AMERICANS. SHAME ON YOU, OBAMA !!!! I HOPE I CAN STILL SAY THIS, WE DO STILL HAVE FREEDOM OF SPEECH ???
Posted by: TONY | Feb 6, 2009 6:20:03 PM
Disappointed, try to actually understand the details and reasoning behind this judgement...you'll feel better...
Posted by: Jazz | Feb 6, 2009 5:13:07 PM
this is insane. treating terrorists like they deserve rights is crazy. are we giving them the rights that soldiers who have died lost? this is complete BS. terrorists can kill people and torture people but god forbid we keep them prisoner if we dont treat them right.....
Posted by: jonathan | Feb 6, 2009 5:12:22 PM
If America sacrifices it's laws and it's Constitution for an illusion of "safety", the terrorists will have won. Anyone who argues differently is no more than a traitor. And the biggest terrorists are Bin Laden, Bush and Cheney. All three use terror (fear-mongering) for political gain.
Posted by: Steve | Feb 6, 2009 4:29:44 PM
One thing I wanted to add. Where does it say they are releasing him? How can he do any harm if he is still incarcerated?
Posted by: Jwench | Feb 6, 2009 4:18:07 PM
Get a grip. If we don't get back to using the constitution the terrorists have already won. Bush/Cheyney trampled that.
If we choose to ignore the Constitution, laws, etc and do things however we damn well please then we are no better than those countries that wish us harm.
Posted by: Jwench | Feb 6, 2009 4:11:25 PM
Of course, there would have been no bombing had the men on the U.S.S. Cole been allowed to shoot at the approaching craft full of explosives. But even in war we must be politically-correct, causing the lives of American sailors because we dare not fire upon a boat that ignores our warning shots. Why even waste bullets on warning shots if that is the strongest action we're going to take?
Posted by: Colony14Author | Feb 6, 2009 2:34:43 PM
These are either POW's or they are criminals, but Democrats are bending over backwards to provide the dirtbags with the rights of both.
If they are POW's they are tried in a military tribunal. To do otherwise violates the Geneva COnvention.
I can't wait for Obama to relesase KSM.
That will certainly make us all safer.
Posted by: drjohn | Feb 6, 2009 1:42:53 PM
The president's order honors those on the U.S.S. Cole and those killed on 9/11 by ensuring that terrorists do not erode our system of government. Once we lose the Constitution, they've won. Clearly, they've won over Pohl.
****************************************************
Ditto. There's nothing wrong with a little repetition. After all, the righties can do it frequently to the point of inducing a spam-like situation.
Posted by: kathy | Feb 6, 2009 1:04:01 PM
At least the headline, which was worded that Obama dropped the charges against Nashiri, was changed with the update of the judge who dropped the charges. The headline was particularly inflammatory because a picture of the USS Cole with the hole in it with fire superimposed around it.
I see my previous concern about the headlining and the impact it was having on the postings was removed -- even though it wasn't incendiary, and a number of postings, which are distinctly fear mongering, remain. It's just an observation of what is and was.
Posted by: kathy | Feb 6, 2009 12:28:44 PM
At least the headline, which was worded that Obama dropped the charges against Nashiri, was changed with the update of the judge who dropped the charges. The headline was particularly inflammatory because a picture of the USS Cole with the hole in it with fire superimposed around it.
I see my previous concern about the headlining and the impact it was having on the postings was removed -- even though it wasn't incendiary, and a number of postings, which are distinctly fear mongering, remain. It's just an observation of what is and was.
Posted by: kathy | Feb 6, 2009 12:28:44 PM
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