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And, when captured overseas, they should be treated like the terrorists they are," he said.
The intelligence agency built a network of secret prisons in 2002 to house and interrogate senior Qaeda figures captured overseas.
In making that decision, the court may also examine the status of all foreigners captured overseas in the war on terror.
Trying terrorists in civilian courts, particularly those captured overseas, remains a controversial decision in Congress, particularly but not exclusively among Republicans.
The case represents one of the most significant tests of the Obama administration's commitment to prosecuting terror suspects captured overseas in US civilian courts.
By 1997, Mr. Dassin and his colleague David N. Kelley were prosecuting Ramzi Ahmed Yousef, who was suspected of organizing the trade center attack and had been captured overseas.
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Periodic hunger strikes have occurred at Guantanamo since shortly after the prison opened in January 2002 to house suspects captured in overseas counterterrorism operations after the Sept. 11, 2001, attacks.
They are usually in a lot better condition since they are already used to being with people and did not have to go through the ordeal of being captured, shipped overseas, and suddenly competing for food in a small area with a weakened immune system due to stress.
Some years ago, a State Department counsel issued an opinion that stated that the president, as commander in chief, had the power to order Delta Force to capture terrorists overseas and then bring them back to the United States, the former C.I.A. lawyer recalled.
Maybe it should start to think about how the government could assist Amazon in capturing more overseas markets, ensuring that the wealth generated by the company continues to return to its home country.
In the 1980s and 1990s, counterterrorism officers captured several suspects overseas and brought them back to the United States for trial.
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