WASHINGTON
— The Trump administration is considering what to do about a Qaeda
suspect being held in Yemen, a decision that presents an early test of
President Trump’s campaign pledge to send terrorism suspects to the
military prison at Guantánamo Bay, Cuba.
The
suspect, known as Abu Khaybar, was captured last fall in Yemen and is
being held there by another country, according to four current and
former senior administration officials. The circumstances of his
detention are not clear, but he is wanted on terrorism charges in New
York.
Mr.
Khaybar, who is about 40, presents an important legal and policy test
for Mr. Trump, who said the Obama administration was too soft on
terrorists and promised to fill the prison in Cuba with “bad dudes.”
Mr. Khaybar’s suspected affiliation with Al Qaeda
gives the United States clear authority to hold him in the military
prison. Attorney General Jeff Sessions has repeatedly said that
terrorists should not be prosecuted in civilian courts and, as recently
as last month at his confirmation hearing, said the prison at Guantánamo
Bay should be kept open.
The
case could also prompt a decision as the Trump administration is
considering an executive order that would make it clear that newly
captured terrorism suspects would be sent to Guantánamo Bay. The United
States has not sent a prisoner there since 2008.
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.
The
military tribunal system has been troubled by setbacks. A decade and a
half after the Sept. 11, 2001, terrorist attacks, none of the men
charged in that plot have even gone to trial.
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