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Politicizing Prosecutions

It was not too long ago that the Obama team was excoriating the Bush administration for playing politics with the judicial system and unconscionably delaying the prosecution of Guantanamo detainees. Well, now:

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.

What’s the problem?

Military officials said a team of prosecutors in the Nashiri case has been ready go to trial for some time. And several months ago, military officials seemed confident that Nashiri would be arraigned this summer.

“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.

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.



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