administration says it is trying to close gitmo, not add to the prisoners and that trying abu ghaith in new york won't jeopardize national security. >> it's the sort of case it would be easy to try in new york. new york federal court has 100% conviction rate for al qaeda crimes. >> reporter: his indictment unsealed abu ghaith is accused of one count of conspiring to kill americans and recruiting others to do the same. in court documents, prosecutors quote him saying this after 911. the storms will not stop, especially the airplane storms, warning americans not to board any aircraft and not to live in high rises. if he had been taken to gitmo for debriefing and trial by a military commission, there are a lot of questions about how much useable intelligence he may still have after apparently being out of the loop living in