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No More Ghailani-type Trials?

We have made no secret here of the fact that we consider President Obama's transfer of terrorist trials from military commissions to civilian courts to be a huge error.  However, we have not questioned that as commander-in-chief he did have the authority to make that decision.

Maybe not much longer, though.  AP reports:

In a setback for President Barack Obama, Democrats still controlling the House have approved legislation to prevent Khalid Sheikh Mohammed and other detainees at the military prison at Guantanamo Bay from being transferred to the U.S. for trials in criminal courts.

The Guantanamo ban was included in a huge catchall spending bill that passed the House Wednesday by a 212-206 vote. The Senate has yet to act on the legislation, which would further imperil Obama's effort to close the detention center for terrorist suspects.

The move comes after the first Guantanamo detainee to face a civilian trial, Ahmed Ghailani, was found guilty last month of just one of the hundreds of charges brought against him connected to attacks on two U.S. embassies in 1998.

Although Ghailani faces up to life in prison, Republican lawmakers pointed to the case as a reason to support military trials for the Guantanamo detainees.

Update:  David Ingram at BLT has this post and a link to the actual bill language. (The official government system, Thomas, typically does not give bill language to the public until it is too late to contact your congressman.)  Section 1116 of the bill provides:

SEC. 1116. None of the funds made available in this or any prior Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

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