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Why would US release Gitmo detainee to Canadian prison?

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    A look at what triggered move

  • Duration 5:16
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New information on a story we're following this -- happening now about this man Omar.

Cotter he's an al-Qaeda terrorists are -- from Canada his father provided money to the terror network al-Qaeda in -- to -- is considered.

More or less than -- is -- Canada.

-- spent a decade again -- he's now basking -- in his civilian prison there.

After US prosecutors negotiated a deal to return him to his country now yesterday we spoke to sergeant Layne Morris who is partially blinded.

During the firefight that happened with Cotter when the terrorists killed.

When a -- -- tell -- soldiers.

-- mark potter is not done he is never expressed any regret and he is the acknowledged leader of the worst of the worst.

-- 160 worst guys that we've gotten Guantanamo.

And they think Omar -- is a rock star he's the acknowledged leader.

This is not somebody who we should be which we should be releasing to the public.

Just the security aspect of having a a known and declared and dedicated it -- repentant terrorist.

Running around in western society.

Omar is not done and and we will all regret the day that -- -- is -- Joining us right now -- Charles.

-- Stinson he's former deputy assistant secretary of defense for detainee is he now -- senior legal fellow.

At The Heritage Foundation the officers as a judge advocate general better known as a jag.

As a reservists in the navy so -- because.

Cotter Cotter is now in the Canadian prison system.

It's it's -- you know possible that he's out on parole in a year or why would we have made.

This type of plea agreements.

If he is as sergeant -- is just described him to be.

-- you gotta feel for sergeant Morse and I think a lot of people.

Sort of empathize with his thoughts here but you know people who had the privilege like me to serve in the military where country uniform and be a defense attorney and a prosecutor which I've been.

Like a lot of other people.

No that plea deals are part of the criminal justice system in the military and then outside.

And here.

The government thought along with the defense.

That they were getting something for the plea and what the government got a course like if you all please is certainty.

Here's a plea of guilty is the highest form -- known to the law by his guilty alone the court.

Canon did find him guilty.

Is that is that the highest priority take to get that -- -- to make sure that he never hurts any Americans ever again.

Well course that the goal of the government is justice that's the goal prosecutor in the military and outside the military and the goal of the defense is to ensure that the accused.

Gets a fair and zealous defense.

And here the military justices and as a unique little twist here Jenna and that is this.

Whereas in the civilian world you plead guilty to a crime and then the judge will issue a sense of the military justice system.

The defense and the prosecution go to the command who -- the accused here it's called the convening authority.

And then they negotiate a cap.

On confinement and so Cotter pleaded guilty to killing specialist Chris beard injuring this gentleman who was with the yesterday.

The jury sentenced him to -- long period of time right not yeah with the cap was right exactly and then not knowing that there -- a cap on confinement the jury does what they thought was right.

Issues the forty year sentence and then the judge.

Opens up the paperwork.

After they do their sentence pressing social capital funds that suggests that the practice Disney clear cut -- ever been in combat before.

Negative okay so I am just wondering is replaying is that -- -- saying the process and we heard from a man who has been in combat.

And come face to face with this guy has the strong feelings about him now -- -- process about the legal side.

Of whether or not you weren't a bit of a conflict between the people that have really confronted our enemies face to face and the governments in the bureaucrats and they have not.

And whether or not that is impeding us from making sure that.

-- -- -- Well I mean it's a great question keep in mind -- that the officers on the jury oftentimes have been in combat.

And today and that particular case gave forty years right but the other people involved in the criminal justice probably -- yeah that's not that I -- the prosecutors at the Pentagon right they they were the ones that would have -- negotiated the plea deal.

Correct that's correct and -- and other commissions cases the jury has issued.

Very short sentences much to the dismay of the government.

And so I think we need to place a lot of faith -- our military criminal justice system and military commissions the defense and the prosecution are doing their very best.

Under tough circumstances and quite frankly in plea deals -- rule oftentimes.

One -- other just not happy at the end that needs the victim's rights should be.

Looked after and listen to in the -- process but sometimes they're not happy and sometimes the defendants' families not happy when they get a sense they didn't expect.

Is -- -- -- as a server -- continue to watch and you you give us an invaluable perspective on how it actually comes about a lot of reviewers had questions about that.

So continue to explore the story kinda -- -- To have you back to talk more about it thank you.

-- be with you check that.

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