An attorney for one of two Iraqi refugees arrested in Kentucky on terrorism charges is weighing in on the question of whether his client should be tried in a civilian court.

Scott Wendelsdorf, public defender for Waad Ramadan Alwan, has argued in a motion that two counts of his client's indictment should be dismissed because the Geneva Convention doesn't allow those charges to be prosecuted in a U.S. civilian court.

Wendelsdorf said in The Courier-Journal on Friday (http://bit.ly/nhWQHd ) that his motion filed July 19 is about the question of jurisdiction and not about the appropriateness of trying similar cases in civilian courts.

U.S. Sen. Mitch McConnell has been pushing to have the two defendants tried at the Navy-run prison at Guantanamo Bay. A spokeswoman for the U.S. Attorney's Office said prosecutors would file a response with the court.