New rules on FBI custody of Al Qaeda suspects

The Obama administration outlined on Tuesday the situations in which the FBI, rather than the military, could be allowed to retain custody of Al Qaeda terrorist suspects who are not US citizens but are arrested by federal law enforcement officers. The new rules issued by the White House resulted from a compromise with a majority of Republicans and some Democrats in Congress who wanted a bigger military role and a reduced role for civilian courts in the fight against terrorism. The new law that emerged requires military custody for non-US citizen members of Al Qaeda or ‘associated forces’ involved in planning or attempting an attack on the United States or coalition partners, unless the president waives that provision. As expected, the rules for presidential waiver provided flexibility that was not available under the initial military custody requirement. ‘Our criminal justice system has demonstrated unrivaled effectiveness’ in preserving and protecting US national security objectives, the White House said in an explanatory document accompanying the rules. ‘That system ... must continue to be an unrestricted counterterrorism tool going forward.’ The new rules outlined seven circumstances in which the president could place a suspect in FBI, rather than military, custody. National Security Council spokesman Tommy Vietor said the seven exceptions were a case of President Barack Obama fulfilling a pledge to address lingering concerns he had in December when he signed the defence authorization bill containing the rules. Military custody could be waived when it would impede counterterror cooperation with another government or when it could interfere with efforts to secure an individual’s cooperation or confession. Other exceptions to military custody could be when: ·A legal permanent US resident is arrested inside the US or is arrested on the basis of conduct inside the US ·Military custody could interfere with efforts to conduct a trial. ·Putting one of several alleged co-conspirators in military custody could interfere with efforts to conduct a joint trial. ·An individual is arrested by state or local authorities and transferred to federal custody. ·A foreign government will not consent to extraditing someone because the suspect would be placed in military custody. In a Nov. 28 letter to Congress that was central to securing the compromise, FBI Director Robert Mueller said that absent changes, the new law would inhibit the bureau’s ability to persuade suspected terrorists to cooperate immediately and provide critical intelligence. Mueller told Senate Judiciary Committee hearing that it was unclear how agents should operate if they arrested someone covered by the military custody requirement hundreds of miles from the nearest military facility. In December, the Senate Armed Forces Committee chairman, Sen. Carl Levin, said the measure passed by Congress ‘has been written to be doubly sure that there is no interference with civilian interrogations and other law enforcement activities and to ensure that the president has the flexibility he needs.’