There was an interesting article in the Miami Herald last week about the death penalty and military commissions by Carol Rosenberg. The article asks: “How does the Pentagon plan to execute war criminals condemned to death?” The Manual for Military Commissions does not spell out a method or venue for imposing a death sentence. Rosenberg pointed out an interesting dilemma: “Where to hold an execution could also present a problem. Bush administration era consideration of using the federal facility at Terra Haute, Ind., may be mooted by Congress’ ban on the Defense Department’s use of federal funds to move any war on terror captive from the base to U.S. soil.”  This issue will likely present itself when the commissions restart the case against Abd al Rahim al Nashiri, the alleged terrorist behind the USS Cole bombing.  The suicide bombers killed 17 American soldiers in that attack.   

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