Fox News fearmongered over reports that suspected terrorist Sulaiman Abu Ghaith will be tried in a Manhattan civilian court by downplaying the court's ability to convict terrorist suspects and baselessly advocated for a Guantanamo military trial.
On March 7, the Justice Department released an indictment charging Abu Ghaith with conspiring to kill Americans. Abu Ghaith, who previously served as a spokesman for Al Qaeda and is a son-in-law of Osama bin Laden, will face trial at a U.S. District Court in Manhattan.
Fox & Friends co-host Gretchen Carlson suggested that a civilian court trial could more likely result in Abu Ghaith's acquittal and possible release "back into our society" than if he were tried "at Gitmo." Co-host Steve Doocy echoed these concerns and cited a 2010 case in which a terrorist suspect faced 282 charges, but was acquitted on most of them, to stoke fears:
What happened? He was convicted. On one charge. And he was acquitted on 281 other counts, which boosts the suggestion and the argument that there's a completely different standard when you're talking about terrorists. They should be tried at Gitmo.
In a later segment on America's Newsroom, Fox contributor Erick Erickson expanded on Doocy and Carlson's comments. Erickson suggested:
Now, in Gitmo they have been able to do it quite successfully. There are number of military trials down there and convictions. They've sent others home. There's no reason he couldn't go down there other than there is an ideological opposition to keeping Gitmo open rather than come here.
In their advocacy of military tribunals, Carlson, Doocy and Erickson failed to report the New York courts full record of dealing with terrorist suspects.
Doocy based his disregard of the federal court system on a case that resulted in conviction, which was only one of many convictions to come out of the Manhattan civilian court system. In his focus on the dropped charges, Doocy failed to note that the detainee received a life sentence without parole, "the same maximum sentence... that he would have faced had he been convicted on all counts," according to The New York Times. In fact, the New York court that will be handling the Abu Ghaith trial has a 100 percent conviction rate. CNN reported: "Of the 81 jihadist terrorism suspects who have gone to trial since 9/11 in cases involving an undercover agent or informant, every single one has either been convicted or pleaded guilty."
According to The Wall Street Journal, U.S. officials have said that federal courts "are often a faster and surer way to try suspected terrorists." The Journal additionally noted:
An Obama administration official said national security officials--including those at the Defense Department, the Department of Homeland Security, the State Department and the Department of Justice--unanimously agreed that Mr. Abu Ghaith should be prosecuted in federal court.
In contrast, convictions at Guantanamo Bay are rare and have proven "vulnerable on appeal," the Los Angeles Times has reported. Of the thousands of detainees held since 2001, only seven convictions have come out of Guantanamo military tribunal, while "the vast majority have been sent back overseas, either for rehabilitation or continued detention and prosecution," according to an NPR report. Of the seven convictions, five were essentially nullified. The remaining two cases were both overturned by the court of appeals, one in October 2012 and the other in January 2013.