FILE - In this May 31, 2009 pool file photo reviewed by the U.S. military and shot through a window, a guard wearing a protective face mask speaks with a detainee through a fence as another paces inside the exercise yard at Camp five detention facility on Guantanamo Bay U.S. Naval Base in Cuba. The federal courts and military tribunals that will prosecute suspected terrorists vary sharply in their independence, public stature and use of evidence. But the Obama administration has so far offered no clear-cut rationale for how it chooses which system will try a detainee.
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FILE - In this Nov. 17, 2009 file photo, members of the NYPD Counterterrorism unit talk outside the old federal courthouse at 40 Centre Street in New York. The federal courts and military tribunals that will prosecute suspected terrorists vary sharply in their independence, public stature and use of evidence. But the Obama administration has so far offered no clear-cut rationale for how it chooses which system will try a detainee.
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FILE - In this March 1, 2003 file picture, Khalid Sheikh Mohammed is seen shortly after his capture during a raid in Pakistan. The federal courts and military tribunals that will prosecute suspected terrorists vary sharply in their independence, public stature and use of evidence. But the Obama administration has so far offered no clear-cut rationale for how it chooses which system will try a detainee.
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FILE - In this Nov. 18, 2009 file photo, Attorney General Eric Holder testifies on Capitol Hill in Washington. The federal courts and military tribunals that will prosecute suspected terrorists vary sharply in their independence, public stature and use of evidence. But the Obama administration has so far offered no clear-cut rationale for how it chooses which system will try a detainee.
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file - This Oct. 2008 file photo by Muhammad ud-Deen shows Imam Anwar al-Awlaki in Yemen. The imam, who communicated with the Fort Hood shooting suspect Maj. Nidal Malik Hasan, said he did not pressure Hasan to harm Americans, The Washington Post reported Monday, Nov 16, 2009. (AP Photo/Muhammad ud-Deen, File) MANDATORY CREDIT NO SALES
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FILE - In this Jan. 6, 2009, file photo Blackwater Worldwide security guard Nick Slatten of Sparta, Tenn., right, and his attorney Thomas Connolly leave federal court in Washington after pleading not guilty to manslaughter charges. In court documents Friday, Nov. 20, 2009, prosecutors said they have asked that the case against Slatten, one of the Blackwater Worldwide contractors charged in a deadly 2007 Baghdad shooting, be dropped.
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A U.S. Army honor guard carrie the body of Pvt. Francheska Velez at the Mt. Olive Cemetery Thursday, Nov. 19, 2009 in Chicago. Velez, 21, Velez, who was pregnant, was among 13 people killed when a fellow soldier allegedly opened fire at Fort Hood earlier this month.
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Members of the Patriot Guard shield from view the immediate family members of Army Pvt. Francheska Velez at the Mt. Olive Cemetery Thursday, Nov. 19, 2009 in Chicago. Velez, 21, Velez, who was pregnant, was among 13 people killed when a fellow soldier allegedly opened fire at Fort Hood earlier this month.
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FILE - In this Nov. 3, 2009 file photo Sen. Roland Burris, D-Ill. is seen during a joint session of Congress on Capitol Hill in Washington. On Friday, Nov. 20, 2009, the Senate ethics committee admonished Burris for making "inconsistent, misleading or incomplete" statements about the circumstances surrounding his appointment to the seat once held by Barack Obama. The committee didn't recommend any punishment.
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Senate Majority Whip Richard Durbin of Ill., accompanied by, Sen. Jack Reed, D-R.I., left, and Sen. Robert Menendez, D-N.J., speak during a health care reform news conference on Capitol Hill in Washington, Friday, Nov. 20, 2009.
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Sen. Robert Menendez, D-N.J., center, accompanied by Senate Majority Whip Richard Durbin of Ill., right, and Sen. Jack Reed, D-R.I., speaks during a health care reform news conference on Capitol Hill in Washington, Friday, Nov. 20, 2009.
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Senate Majority Whip Richard Durbin of Ill., center, accompanied by Sen. Jack Reed, D-R.I., left, and Sen. Robert Menendez, D-N.J., speaks during a health care reform news conference on Capitol Hill in Washington, Friday, Nov. 20, 2009.
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Senate Majority Whip Richard Durbin of Ill., right, accompanied by Sen. Jack Reed, D-R.I., gestures during a health care reform news conference on Capitol Hill in Washington, Friday, Nov. 20, 2009.
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Senate Majority Whip Richard Durbin of Ill., right, followed by Sen. Jack Reed, D-R.I., leave a health care reform news conference on Capitol Hill in Washington, Friday, Nov. 20, 2009.
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Senate Majority Whip Richard Durbin of Ill., center, accompanied by Sen. Jack Reed, D-R.I., left, and Sen. Robert Menendez, D-N.J., speaks during a health care reform news conference on Capitol Hill in Washington, Friday, Nov. 20, 2009.
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Defense Secretary Robert Gates delivers his remarks at the 2009 National Guard Joint Senior Leadership Conference, Thursday, Nov. 19, 2009, in National Harbor, Md.
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U.S. Army Pfc. Geoffrey Whitsitt, from Grainville, S.C., belonging to the 118th Airborne MP Company stands at a checkpoint near the town of Balisal Afghan, Logar province, Afghanistan Thursday Nov. 19, 2009. Security into the capital city of Kabul was heightened as President Hamid Karzai was scheduled to be inaugurated for his second term in office.
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German Defense Minister Karl-Theodor zu Guttenberg gestures while speaking at the Center for Strategic and International Studies (CSIS) in Washington, Thursday, Nov. 19, 2009.
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German Defense Minister Karl-Theodor zu Guttenberg gestures while speaking at the Center for Strategic and International Studies (CSIS) in Washington, Thursday, Nov. 19, 2009.
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This Dec. 3, 2008 file photo shows Mississippi Republican Gov. Haley Barbour talking to reporters in Jackson, Miss. Thrilled with twin victories this month, Republican governors are looking to lead a party-wide resurgence in 2010 and shape the GOP for years to come.
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Defense Secretary Robert Gates and Germany Defense Minister Karl-Theodor zu Guttenber leave the Pentagon to take part in a news conference, Thursday, Nov. 19, 2009.
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Defense Secretary Robert Gates host an honor cordon for Germany Defense Minister Karl-Theodor zu Guttenber, Thursday, Nov. 19, 2009, at the Pentagon.
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Defense Secretary Robert Gates and Germany Defense Minister Karl-Theodor zu Guttenber hold a news conference outside the Pentagon. Thursday, Nov. 19, 2009.
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Defense Secretary Robert Gates and Germany Defense Minister Karl-Theodor zu Guttenber hold a news conference outside the Pentagon, Thursday, Nov. 19, 2009.
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President Barack Obama waves as he exits Air Force One at Andrews Air Force Base in Maryland, Thursday, Nov. 19, 2009.
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