Different U.S. locations weighed as venues for Guantanamo trials

By Devlin Barrett

Associated Press

Published: Tuesday, Aug. 4 2009 12:00 a.m. MDT

An employee's family rallies in June in support of a Standish, Mich., prison, which soon could house Guantanamo detainees.

Michael Randolph, Associated Press

Enlarge photo»

WASHINGTON — Staring at a January deadline, the Obama administration is debating between two dramatically different schemes for putting Guantanamo Bay detainees on trial: big-city courtrooms in the nation's capital, New York and Virginia — or a one-of-a-kind superjail in the Midwest.

And the participants, working in tense but amicable secret meetings, know the final and politically volatile decision about where to try detainees will be made by President Barack Obama, who set the deadline for closing the prison on the military base in Cuba to meet a campaign promise.

Dozens of Guantanamo Bay detainee cases have been referred to federal prosecutors for possible criminal trials in those Eastern Seaboard locations, officials told The Associated Press on Monday, as the Justice Department, Pentagon and national security officials also weigh whether to hold virtually all Guantanamo-related civilian and military trials at a Midwestern prison in Michigan or Kansas.

The administration could decide that rather than bring the detainees to trial in a number of cities, it will instead bring prosecutors and judges with terrorism experience to one site in the Midwest for trial, which would pose other serious logistical hurdles. Or they could settle on a combination of the plans.

Obama administration officials, speaking on condition of anonymity because they were not authorized to discuss internal deliberations, said Attorney General Eric Holder met privately last week with the chief federal prosecutors in four East Coast districts to discuss the preparations for possible indictments and trials.

Justice Department spokesman Matthew Miller said the Guantanamo Bay detainee task force "has referred a significant number of cases for possible prosecution, and those cases have now been sent to U.S. Attorney offices who are reviewing them with prosecutors from the Office of Military Commissions." His statement didn't identify the districts involved.

White House spokesman Robert Gibbs said no final decisions have been made on where in the U.S. to transfer Guantanamo detainees.

One official said prosecutors and military lawyers are now working together to review the individual cases. The work is aimed at indicting individuals in civilian courts, but final decisions have not been made on the cases and some of the inmates whose cases were referred could still end up before military commissions instead.

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