At issue is whether a suspected terrorist captured in a foreign country should be given a trial in U.S. courts or face detention and military justice similar to the system established by George W. Bush at the Guantanamo Bay detention facility. It has been Obama’s policy since 2009 to close that facility, but Congress has passed a series of measures that have made it impossible either to transfer suspects from Guantanamo to a civil court or to close the prison and relocate it on U.S. soil. Obama has yet to send any new detainees to the Guantanamo Bay prison.

When Warsame was captured, leading Republicans including Rep. Howard “Buck” McKeon, chairman of the House Armed Services Committee, said the suspect should be sent to Guantanamo and tried by military commission. It’s no surprise that this time around McKeon was quick with a statement urging the Obama administration to interrogate al-Liby thoroughly before turning him over to the courts.

“This terrorist leader has vast intelligence value that could be key to saving lives in the future,” McKeon said. “I urge the administration to fully exploit this potential before moving al-Liby on to prosecution, rather than follow an arbitrary timeline. This can be done safely and humanely, but it must be done thoroughly.”