Napolitano: No one consulted me about trying KSM in NYC

“No, I was not consulted,” said Napolitano. “That is a prosecution decision and I think it was properly made by the attorney general.”

That did not satisfy Cornyn, who said he was concerned that the decision was “not fully vetted.” He then asked whether the alleged terrorists would receive any special immigration rights by being transferred to the United States, so that they could apply for asylum and ultimately be released to run free on U.S. soil.

No, said Napolitano, “a detainee who is brought here for purposes of prosecution, they are paroled into the country only for purposes of prosecution. There are no immigration benefits that accrue to that.” If the defendant is acquitted, she said, echoing the Attorney General’s previous testimony, “then what would happen is we would immediately take that individual and move them into removal proceedings,” which would result in his deportation. “They get no immigration rights in that context that are any different than where they are right now.”