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Pentagon Tentatively Drops Charges Against Gitmo Detainee Already Returned Home

It took the Pentagon almost four months since a federal court ruled the government lacked sufficient evidence against Fouad al Rabia, but late last week -- a

Jul 31, 2020
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It took the Pentagon almost four months since a federal court ruled the government lacked sufficient evidence against Fouad al Rabia, but late last week — a day after the 50-year-old airline executive was flown homeon a Kuwaiti royal jet — the U.S. military commission dropped its chargesagainst him.
As Carol Rosenberg at The Miami Herald reports, though, the charges were dropped last Thursday “without prejudice” — meaning the same charges could still be re-filed against him.
The government had originally accused al Rabiaof providing “material support” to al-Qaeda by running a supply depot at the battle of Tora Bora during the U.S. invasion of Afghanistan in 2001. But after imprisoning him for eight years, a U.S. District Court judge in September ruled that the evidenceagainst him was “surprisingly bare” and not credible. Even government interrogators hadn’t believed it, the judge noted. She also ruled that al Rabia had been coerced and abused into “confessing” to activities which likely had been committed by someone else with a similar nickname.
Al Rabiah’s lawyers, meanwhile, demanded an investigationinto their client’s treatment by U.S. officials, but as in the case of Mohammed Jawad, whose defense lawyer similarly sought an investigation into his abuse, the lawyers received no response.
Although the government did not appeal the district court’s order that the government was detaining al Rabia unlawfully, the Pentagon still refused for monthsto drop the military commission charges against him.
His return to Kuwait appears to have forced the military’s hand. Although he’s not likely to be charged again, the dismissal “without prejudice” may be the military’s way of avoiding an implicit admission that U.S. officials picked up the wrong guy in the first place.
Dexter Cooke

Dexter Cooke

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Dexter Cooke is an economist, marketing strategist, and orthopedic surgeon with over 20 years of experience crafting compelling narratives that resonate worldwide. He holds a Journalism degree from Columbia University, an Economics background from Yale University, and a medical degree with a postdoctoral fellowship in orthopedic medicine from the Medical University of South Carolina. Dexter’s insights into media, economics, and marketing shine through his prolific contributions to respected publications and advisory roles for influential organizations. As an orthopedic surgeon specializing in minimally invasive knee replacement surgery and laparoscopic procedures, Dexter prioritizes patient care above all. Outside his professional pursuits, Dexter enjoys collecting vintage watches, studying ancient civilizations, learning about astronomy, and participating in charity runs.
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