The officials say they have enough evidence to justify seizing them by military force as suspected terrorists, but not enough proof to try them in a US civilian court as the Obama administration prefers.
So the officials say the men remain at large while the FBI gathers more evidence.
The decision not to seize the men militarily underscores the White House's aim to move away from hunting terrorists as enemy combatants and toward trying them as criminals in a civilian justice system.
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