Hezbollah leader could get military tribunal in U.S.

WASHINGTON -- The Obama administration is considering a military trial in the United States for a Hezbollah commander now detained in Iraq, U.S. counterterrorism officials said, previewing a potential prosecution strategy that has failed before but may offer a solution to a difficult legal problem for the government.

While the U.S. hasn't made a decision, officials said a tribunal at a U.S. military base may be the best way to deal with Ali Mussa Daqduq, who was captured in Iraq in 2007. He has been linked to the Iranian government and a brazen raid in which four American soldiers were abducted and killed in the Iraqi holy city of Karbala in 2007.

No military commission has been held on U.S. soil since the terrorist attacks of Sept. 11, 2001. President George W. Bush tried holding a few suspected terrorists at military bases inside the U.S., but each detainee ultimately was released or transferred to civilian courts.

President Barack Obama has said that, because of changes to the military commissions that give prisoners more rights, he supports them as an option in the fight against terrorism. Hezbollah is an Iranian-backed Lebanese militant group that the U.S. has branded a terrorist organization.

But a tribunal for Daqduq probably would draw criticism from both liberals, who say a civilian court should be used, and conservatives, who don't want suspected terrorists brought to the U.S. regardless of the venue.

The officials who discussed the deliberations spoke on condition of anonymity because no decision has been made.

Obama's counterterrorism adviser, John Brennan, would not discuss the administration's plan for Daqduq. Asked in a recent interview whether the administration would generally consider holding military commissions in the U.S., he replied: "I have not heard anybody rule out such a thing."

A decision must be made soon. Daqduq is among a few of the remaining U.S. prisoners who, under a 2008 agreement between Washington and Baghdad, must be transferred to Iraqi custody by the end of 2011. U.S. officials fear that if he is turned over to Iraq, he will simply walk free.

No Hezbollah agents have been prosecuted at Guantanamo.