On the positive side, the state of Arkansas has agreed to do so-- and this will likely mean that Muhammad will face the death penalty for the fatal shooting.
Muhammad is an American convert whose middle name even means 'one that fights jihad.' In 2009 he opened fire on a military recruiting center, killing one. This comes after he spent time in a Yemeni jail and possibly underwent terror training there.
Muhammad, born Carlos Bledsoe, has not been ambiguous about his role:
Muhammad, who says he is affiliated with several terrorist organizations, has written jailhouse letters to Pulaski County Judge Herbert Wright demanding a federal trial. "In my eyes it's a sham trial [in Little Rock] set up only to make sure I'm handed down a death sentence," he wrote May 10.
Ten days later, he wrote again: "The facility where the shooting took place was a federal building. The army recruiters outside that federal building were federal employees. I was under federal investigation at the time of the shooting by the FBI. Why then is this a state case in state court, which the state seeks my execution? Injustice!"
Muhammad's 'defense' is similar to other Islamic terrorists-- that the United States is truly the cause of their heinous actions:
Police said he told them he was "mad at the U.S. military because of what they had done to Muslims in the past." He said his "intent was to kill as many people in the Army as he could."
Still, the FBI and the DOJ refused to bring up the case in federal court. Perhaps this was to prevent embarrassment or perhaps to allow Arkansas to bring Muhammad up on charges. This would increase the chances that Muhammad would be executed for his attack. But it still doesn't sit well for the Feds:
"That's unquestionably embarrassing for the FBI," said Brian Gallini, a University of Arkansas criminal law professor. "I can't come up with a comparable example of a mistake the feds would want to admit to."
Still, I can't complain too much if Arkansas puts him in the chair.