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Is NYC the best place to try Bin Laden's son-in-law?

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    Fair and balanced debate on civilian vs. military trial

  • Duration 6:19
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How they get in the chairman of the House Intelligence Committee tells Fox News the suspect had spent some time in the Iran where he is said to have conducted al-Qaeda business.

The rogue nuclear nation is one of just four countries the United States considers state sponsors of terrorism.

But we still have very few details on just what he was doing.

And how he got into the United States with so little fanfare.

The chief fox -- correspondent Jonathan Hunt is looking -- all of us what what have we been able to glean about his or learn about his movements.

-- well hold on a whole lot of -- ship is very hard to come by but we are told Solomon Abu Ghaith was born in Kuwait.

In 2000.

He traveled from Kuwait to Afghanistan.

That is where he met Osama bin Laden you see the two of them on the left of the screen that.

Sitting together and married one of bin Laden's daughters he was -- long side bin Laden.

In the days leading up to 90 level and 9/11 and directly often.

Then at some point in 2002.

He was apparently smuggled from Afghanistan into Iran.

And he spent pretty much the lost decade -- what we are not clear on at this point is -- -- he was being hobbled by the Iranians.

All -- -- he was actually detained by them either way they clearly.

Did not hand him over to the US -- What about the operation to capture him.

Well that has obviously been going on for a very long time I US officials have been trying to track -- they were apparently aware that he was in Iran.

And -- we understand right now is that lost -- months Solomon Abu -- traveled from Iran to Turkey.

He was arrested -- by Turkish officials.

In -- anchor we believe.

Those Turkish officials -- didn't hand him over to the US instead.

They decided to deport him to send him back to Kuwait the flight from Turkey.

To Kuwait how to -- -- but in Amman Jordan and that.

Is -- US officials with the obvious health of the Jordanian authorities arrested him.

What ever the actual -- -- according to Mike Baker former CIA operative this sends a very clear message listen.

It's not as if we're ever going to get to some zero sum game.

And all these extremists the al-Qaeda elements in -- like minded minions somehow.

That they're going to just wake up 1 morning and -- you know what can we were mistaken we actually do like the west in the US and their allies in what they represent.

There are not going away.

And so they have to understand that neither -- -- that we're not going to stop.

This effort to to capture and put them away as they deserve.

Now it's worth pointing -- -- in these kind of issues very little is it is exactly.

As it seems -- it there is the possibility -- I think we should point out that the -- Were actually sending him back to Kuwait -- knowing that the -- flight which presumably could have gone directly from Turkey to Kuwait was gonna have -- stop over in Jordan perhaps everybody was -- all along.

But for obvious reasons some nations don't and like it to be known that the helping the united think that's a possibility if.

Were for internal domestic consumption that's would certainly make sense in those countries Jonathan thank you legal panel now trial attorney Richard Roth former federal prosecutor.

And Douglas burns Richard there's a lot of people upset that he's being taken the lower Manhattan but.

You know when we catch people were accused of things normally what we do is we arrest them and give them a lawyer and try them.

Right they're turning into a political issue your right chapter is its its its New Yorkers Guantanamo.

And the bottom line is that you want to nail this guy using a legal term and you want to deter other people from doing so.

To nail him.

If you look at this is the statistics are 67 conviction since 9/11 in the in the United States.

In only seven in Guantanamo to what you've been overturned so you do not want to lose this fight.

So that the reason why he's in the US is because of that the system is better it's just we have stronger rules of evidence.

This -- man who was quoted as one of the audio said.

The storms will not stop especially the airplane storms on the US so reason -- he's won a nail and you -- in the New York the second reason why when it won -- in New York.

If -- you want the world to see that this guy is not gonna get away with -- -- to wedded to deter other people from doing exactly what he was doing it it's our understanding at least in the early going -- he had no.

Operational involvement that he wasn't a threat of that kind.

Now that's right I mean the counterargument I understand Richard's point of counter -- shepherd is number one security cost.

Common congestion problems in lower Manhattan and I want to point out it's very interest thing where we're looking at a statute here.

If they're worried about congestion problems lower Manhattan they can say no more presidents come here because the idea -- by the way am actually but the point is this statute says that one acts are committed elsewhere.

Not in the United States you can bring.

Or try the person win their first brought -- literally -- brought him to any court in the country including the District of Columbia.

So I'm not caught up necessarily in the Guantanamo verses civilian court issue.

But the other point which was made with Khalid Sheikh Mohamed is giving a platform for all kinds of political rhetoric speeches and so what.

And that militants in favor of using a military tribunal you.

Actually not actually not the military tribunals have only been successful five times since 9/11 -- twelve years five times.

If you want to nail this guy and you want to send a message to the world -- don't do this to Americans on American soil.

And part of what his prosecution is for the initial bill.

Bombing of of the World Trade Center but you -- in New York you know it's a very strong statement what you lose.

Well what it will -- -- I don't -- syndicate convince one juror.

Well I would sit I was mixing it up that's a problem but I would -- in the federal government does not bring that case less -- they know they're gonna win it.

And they have a much better chance in light of the history of winning -- -- New York percent vitality other than uses a much quicker system.

New York -- it it'll be over by some certainly 2014 -- title was a long system drawn out and not as popular.

Let the other problem I just wanted to -- shepherd is a symbolic one and that is that putting the trial.

In a venue that's a mile away from the worst attack on US soil in US history.

I think that is a legitimate point to be made that that's not a venue.

There's some symbolic negativity that you -- you did us in here we go -- do -- -- here to.

I mean that's another little yellow that's right that's the competing argument -- -- guess now we'll say well he's here -- we won't see him because he's gonna go underneath and I guess -- a year we'll find out what happened so that's exactly right thanks guys -- -- said.