Peter Finn at Washington Post:
The Obama administration has shelved the planned prosecution of Abd al-Rahim al-Nashiri, the alleged coordinator of the Oct. 2000 suicide attack on the USS Cole in Yemen, according to a court filing.
The decision at least temporarily scuttles what was supposed to be the signature trial of a major al-Qaeda figure under a reformed system of military commissions. And it comes practically on the eve of the 10th anniversary of the attack, which killed 17 sailors and wounded dozens when a boat packed with explosives ripped a hole in the side of the warship in the port of Aden.
In a filing this week in the U.S. Court of Appeals for the District of Columbia, the Justice Department said that “no charges are either pending or contemplated with respect to al-Nashiri in the near future.”
The statement, tucked into a motion to dismiss a petition by Nashiri’s attorneys, suggests that the prospect of further military trials for detainees held at Guantanamo Bay, Cuba, has all but ground to a halt, much as the administration’s plan to try the accused plotters of the Sept. 11, 2001, attacks in federal court has stalled.
Thomas Joscelyn at The Weekly Standard:
Is it taking this long to prepare for Nashiri’s trial – nearly ten years after the Cole was attacked and 17 American servicemen were killed?
That’s hard to believe. And the Post talked to some “military officials” who “said a team of prosecutors in the Nashiri case has been ready [to] go to trial for some time.” Here is the kicker:
“It’s politics at this point,” said one military official who spoke on the condition of anonymity to discuss policy. He said he thinks the administration does not want to proceed against a high-value detainee without some prospect of civilian trials for other major figures at Guantanamo Bay.
A White House official disputed this, but the Post did not offer any other good reason for the delay.
Is the Obama administration really holding up Nashiri’s trial because they want to make sure civilian trials for other detainees (i.e. the 9/11 co-conspirators) don’t lag behind?
That’s not so hard to believe, unfortunately. The administration has tried to please left-wing human rights groups by (initially, anyway) pushing forward with a federal criminal trial for top al Qaeda terrorists such as Khalid Sheikh Mohammed. If Nashiri’s trial by military commission moves faster than KSM’s trial by federal court, then the administration may have a PR problem.
The Post reports the usual caveat: Nashiri was waterboarded (one of only three al Qaeda terrorists who were subjected to that treatment) and this complicates things “because any incriminating statements Nashiri might have made are probably inadmissible under the 2009 Military Commissions Act.” As a result, prosecutors will be relying heavily on the statements of two Yemeni detainees, both of whom implicated Nashiri during interviews with the FBI.
But here’s the catch. When Nashiri testified before his combatant status review tribunal (CSRT) at Gitmo he made all sorts of admissions. Those concessions cannot be easily dismissed because they weren’t part of an interrogation. Nashiri was free to say whatever he wanted in response to the allegations, and he did.
Nashiri did not admit outright that he conspired with Osama bin Laden. Instead, Nashiri offered implausible explanations for his sordid history. In particular, Nashiri admitted that he met with Osama bin Laden often, but said this was in the context of his fishing business.
Andy McCarthy at The Corner:
None of this is terribly surprising. Prosecuting the Cole case by military commission sticks in the Left’s craw because it shows the incoherence of the Obama/Holder position. They want to treat the war like a crime and endow our enemies with all the rights and advantages of civilian courts; yet, they went military in the Cole case, despite the fact that there is a pending Justice Department civilian indictment addressing that attack. There can be only one explanation for that: they are afraid the case against Nashiri is weak and might not hold up under (slightly) more exacting civilian court due process. That is, the Obama/Holder position is not principled — for all their “rule of law” malarkey, they are willing to go where they have the best chance to win. But there were no military commissions when the Cole was bombed, so what is the basis for trying it militarily? Answer: the 9/11 attacks and the ensuing war . . . except the Left doesn’t accept that it’s a war and the administration wants to prosecute the 9/11 plotters in civilian court. None of it makes any sense.
Jennifer Rubin at Commentary:
Pretty unconscionable stuff, isn’t it? And a final decision on KSM has also been delayed, it is widely assumed, so that the administration need not disclose its intentions before the election. In an administration with plenty of both, this ranks near the top when it comes to hypocrisy and politicizing the administration of justice.
Before there was 9/11, there was 10/12. Do you remember? We are nearing the 10th anniversary of the USS Cole bombing that took the lives of these American heroes on Oct. 12, 2000:
Electronics Technician 1st Class Richard Costelow
Mess Management Specialist Lakina Francis
Information Systems Technician Tim Guana
Signalman Seaman Recruit Cherone Gunn
Seaman James McDaniels
Engineman 2nd Class Mark Nieto
Electronics Warfare Technician 3rd Class Ronald Owens
Seaman Recruit Lakiba Parker
Engineman Fireman Joshua Parlett
Fireman Apprentice Patrick Roy
Electronics Warfare Technician Kevin Rux
Petty Officer 3rd Class Ron Santiago
Operations Special 2nd Class Timothy Sanders
Fireman Gary Swenchonis Jr
Ensign Andrew Triplett
Seaman Apprentice Craig Wibberly
Hull Maintenance Technician 3rd Class Kenneth Clodfelter.
In another disgraceful act of the Obama Department of Social Justice, the Washington Post reports that the feds are “shelving” prosecution of a major USS Cole bombing suspect at Gitmo. Why? Because of bad optics.
Jim Hoft at Gateway Pundit