Abu Khaybar
| Abu Khaybar | |
|---|---|
| Arrested | 2016 Yemen arresting authority unknown |
| Citizenship | Sudan? |
| Detained at | unknown location within Yemen operated by non-Yemenis |
| Charge(s) | faces "terrorism charges" in the USA |
Abu Khaybar is an individual held in Iraq who is a suspected militant.[1][2] The Donald Trump Presidency was reported to be considering making him the first individual to be sent to the Guantanamo detention camp since 2008.[3]
Press reports assert that he is both a suspected member of al Qaeda and also a suspected member of its rival, ISIS.[1][3]
The New York Times reports that he was captured in Yemen in 2016.[1] Citing four officials who requested anonymity, they report that he is still being held in Yemen, by a country other than Yemen.
The New York Times reports that he was already wanted for terrorism charges, in New York.[1]
If the Trump administration asserts Khaybar is an al Qaeda suspect, not an ISIS suspect, legal scholars report he could be transferred to Guantanamo, and tried there, before a Guantanamo military commission.[1][3] But former Justice Department officials familiar with his case have asserted that he could also be convicted if tried in civilian court. The New York Times, and Lawfare, have pointed out how Guantanamo's terrible reputation may alienate any foreign governments who provided information, or other assistance, that lead to Khaybar's capture.
References
[edit]- ^ a b c d e
Adam Goldman; Matt Apuzzo; Eric Schmitt (2017-02-13). "Case of Captive in Yemen Could Test Trump's Guantánamo Pledge". The New York Times. Washington DC. p. A1. Archived from the original on 2017-02-17.
But trying to send Mr. Khaybar to Guantánamo Bay would put the administration at odds with career Justice Department prosecutors and F.B.I. agents, who say the criminal courts have proved more adept than military commissions at handling terrorism cases.
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Paul McLeary, Adam Rawnsley (2017-02-14). "SitRep: Flynn Out; Uncertainty Grips NatSec Community; Trump Promises Action on North Korea". Foreign Policy magazine. Archived from the original on 2017-02-14. Retrieved 2017-02-16.
The Obama administration had hoped to bring him to New York to be prosecuted by the civilian court system where he's wanted on terrorism charges but the clock ran out before the beginning of the Trump administration.
- ^ a b c
Ashley Deeks (2017-02-16). "Foreign Constraints on the Trump Administration". Lawfare. Archived from the original on 2017-02-16. Retrieved 2017-02-16.
The al Qaeda detainee being held in Yemen offers a case in point. The New York Times reports that the Trump Administration is evaluating whether to bring Abu Khaybar to Guantanamo, try him in federal court, or pursue a third option.