http://www.nytimes.com/aponline/us/AP-US-Iraq-American.htmlebruary 9, 2007
Court Blocks Suspect's Transfer to Iraq
By THE ASSOCIATED PRESS
Filed at 4:32 p.m. ET
WASHINGTON (AP) -- A federal appeals court blocked the Pentagon on Friday from transferring an American citizen to an Iraqi court to face charges he supported terrorists and insurgents.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia unanimously ruled that Shawqi Omar, a citizen of both Jordan and the United States who once served in the Minnesota National Guard, has a right to argue for his release before a U.S. court.
By a 2-1 vote, the panel also upheld an injunction issued last year by U.S. District Judge Ricardo Urbina here that barred the U.S. military from turning Omar over for trial in an Iraqi cou
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, spokesman Erik Ablin said the Justice Department believes the decision
''will inappropriately interfere with the executive branch's prerogative to prosecute a war and to make good on its commitments to our allies.'' He noted the partial dissent called the ruling unprecedented and said it would effectively block a foreign government from making an arrest on its own soil.
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