Under current law, the suspected Times Square bomber cannot be tried before a military commission unless the naturalized U.S. citizen can be linked to al-Qaida, according to Fox News.
The current Military Commissions Act as passed by Congress does not allow a U.S. citizen like Faisal Shahzad to be prosecuted by a military tribunal. But some lawmakers say they would like to have Shahzad and other alleged terrorists put before military commissions -- and not tried in federal civilian court.
The Pakistani-born American is facing charges that he tried to detonate a bomb-laden SUV in New York's Times Square Saturday night. Shahzad was caught fleeing the U.S. Monday night when his Dubai-bound flight was returned to its gate at New York's Kennedy Airport.
Because he reportedly told authorities that he acted alone in the May 1 bomb attempt and said he has no links to radical groups in his native Pakistan, he may escape a military trial. The law allows a defendant to be tried by the military only if he or she has known ties to Al Qaeda or its direct affiliates.
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