The US State Department is actively negotiating with Egyptian President Morsi's government about transferring Omar Abdel-Rahman from US custody to Egyptian custody.
But an unnamed official within the Obama administration has said the custody exchange is being considered regardless.
Former federal prosecutor Andrew McCarthy believes the deal to release Rahman has already been reached by the administration, and they are just waiting until after the election to announce it. McCarthy believes this is why the DOJ so strongly ruled out Rahman's "release" but said nothing against his "transfer."