Trumps first test will come with an Al Qaeda member (Khaybar) they captured in Yemen who is currently being held by another country. Because he has been charged with terrorism in NY he can clearly be held in a military prison. Sessions is of the view that these terrorists should be tried in military courts although that has been tragically unsuccessful. So will Trump start filling Guantanamo back up again as promised with these "bad dudes" awaiting military trial for decades.
Quote:
Trump wants the opposite. He warned during the presidential campaign that the U.S. is threatened by a lot of "bad dudes" whom he'd send to Guantanamo if they were captured. And since his election, his administration has circulated a draft order that could pave the way for a new generation of inmates.
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The military commissions have led to only eight convictions. Three of those rulings have been overturned entirely; three more, partially. Ten Guantanamo inmates are at some stage of a military commission proceeding. Seven of them have yet to see their cases even come to trial.
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Plenty Of Room At Guantanamo Bay For Trump's 'Bad Dudes' : Parallels : NPR