Judge Susan Crawford, the prosecutorial authority for the U.S. military tribunal at the naval detention facility at Guantanamo Bay, Tuesday refused charges filed by prosecutors against Mohammed al-Qahtani, an alleged Sept. 11 conspirator.
Crawford accepted charges filed against five other high-profile suspects, including alleged Sept. 11 mastermind Khalid Sheik Mohammad and Ramzi bin al-Shieb. The U.S. military is seeking the death penalty in all cases.
Crawford's reasoning for dismissing the charges against Qahtani is not public information. He remains in custody as an “enemy combatant” and the U.S. military has the authority to refile the charges.
Immigration authorities detained Qahtani, a Saudi national, at the airport in Orlanda, Fla. U.S. authorities believe he was intended to be one of the Sept. 11 hijackers along with Zacarias Moussaoui.
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[...] As Daniel noted a few weeks ago, one of the six defendants the prosecution had initially sought to try jointly, Mohammed al-Qhatani, has already been separated for trial purposes and some commentators conjecture it had to do with particular flaws in the evidence against him. In Al-Qhatani’s case, the presiding judge refused the charges against the man who is accused of plotting to serve as the 20th 9/11 hijacker without prejudice, so the government may refile the charges at any time. [...]