Justice Department leaders are reluctant to recommend U.S.-based criminal trials for two Islamic State militants captured and detained in Syria, according to American officials who said that, even though federal prosecutors believe they can win in court, it is unclear whether there is sufficient evidence to secure convictions and lengthy prison terms.
At the same time, senior Trump administration officials are adamant that Britain bears responsibility to prosecute the men, Alexanda Kotey, 34, and El Shafee Elsheikh, 29, whose British citizenships were revoked over their alleged affiliation with an ISIS cell suspected of murdering Westerners.
Further complicating matters, Attorney General Jeff Sessions would prefer that Kotey and Elsheikh be sent to the U.S. military detention facility in Guantanamo Bay, Cuba, though he has recognized the success of federal terrorism prosecutions.
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It takes a BIG s-t-r-e-t-c-h of the imagination to believe the US has jurisdiction to prosecute these men.
They should be tried by the ICC, if at all. War is war, and POWs are not tried for prosecuting a war ... unless they have committed "war crimes".