The trial of five Guantánamo captives accused of the Sept. 11 mass murder won’t begin until next year at the earliest under a timetable set out Monday by the legal authority in charge of the war court.
Retired Vice Adm. Bruce MacDonald notified lawyers on both sides of the case that he will accept recommendations on whether the case should go forward as a death penalty prosecution until Jan 15, 2012. Moreover, he also set the same deadline for Pentagon-appointed lawyers to offer their opinions on whether all five men should be tried simultaneously.
Prosecutors swore out a capital case against confessed 9/11 plot mastermind Khalid Sheik Mohammed and his four alleged co-conspirators in May after Attorney General Eric Holder abandoned a plan to have a civilian judge and jury hear the case in a Manhattan federal court.
Since then, the case has been mired in delay while some members of the Pentagon-paid defense teams try to obtain security clearances to meet the accused at Guantánamo and start work on their cases.
May I just preface this by reminding the readers that torture was used endlessly to obtain confessions by the alleged 9/11 suspects held at Guantanamo. – brian @NorCal
The system of military commissions that will try Khalid Shaikh Mohammed and four other alleged 9/11 plotters contains a dirty little secret. Hardly anybody talks about it, but it’s a key reason for concern as the apparatus becomes established.
It is this: The commissions can operate inside the United States, and they have jurisdiction over a broad range of crimes. Nothing in the Military Commissions Act limits the military trials to Guantanamo detainees, or to people captured and held abroad, or even to terrorism suspects. Nothing prevents the commissions from trying noncitizens, arrested inside the country, whom the president unilaterally designates as “unprivileged enemy belligerents.” In other words, the law permits military officers to try non-Americans from Alabama and Arkansas as well as Afghanistan.
The Obama administration’s decision last week to shift the high-profile 9/11 case from federal court is bound to move the military system toward legitimacy. The commissions lack the seasoned body of precedent that guides civilian courts, so their procedures will have to survive litigation by defense lawyers. But once the commissions gain stature and become the “new normal,” every future administration will have a ready instrument to arrest, judge and sentence wholly within the executive branch, evading the separation of powers carefully calibrated in the Constitution. The judicial branch has no role except on appeal, where only the federal court for the D.C. circuit may review a verdict and sentence after the trial.
Kristen Breitweiser is one of the 4 “Jersey Girls” whose husband was murdered on 9/11. The Jersey Girls were the main reason why the U.S. Government was pressured into forming a 9/11 Commission, which became the mechanism for a U.S. Government cover-up about 9/11..
Today I was given two hours of “advance notice” regarding DOJ’s decision to not prosecute the remaining alleged 9/11 conspirators in an open court of law. According to DOJ’s statement, the remaining individuals will be sent to military tribunals.
I recognize that there are many, many other things for Americans to be upset with today, but I hope everyone can take a second to contemplate this decision and recognize what it says about President Obama, the Department of Justice, and the United States.
As for the Department of Justice, it shows their inability to prosecute individuals who are responsible for the death of 3,000 people on the morning of 9/11. Apparently our Constitution and judicial system — two of the very cornerstones that make America so great and used to set such a shining example to the rest of the world — are not adequately set up to respond to or deal with the aftermath of terrorism. To me, this is a startling and dismal acknowledgment that perhaps Osama Bin Laden did, in fact, win on the morning of 9/11. And chillingly, I wonder whether it wasn’t just the steel towers that were brought down and incinerated on 9/11, but the yellowed pages of our U.S. Constitution, as well.
And what does it say about the solemn capabilities of our Department of Justice if it is left to “subcontract out” its duties and responsibilities to the Department of Defense? We should all think about that scary notion for a bit. But, perhaps more disturbingly recognize that it is not occurring under the tutelage of Bush and Cheney, rather it is coming at the hands of Obama.
The Obama administration has decided against civilian trials for five men linked to the attacks of Sept. 11, 2001.
Attorney General Eric Holder will announce Monday that Khalid Sheikh Mohammed and his four alleged co-conspirators will be tried in military tribunals at Guantanamo Bay, according to NBC News.
Holder’s press conference is expected at 2 p.m. ET.
Why the Huffington Post will report the story below and not this story here, is no mystery. The left gate-keeping media don’t want you to know that there is good reason to question the official 9/11 story….with science, observation, and experiment.
And to all the Obama supporters- Guantanamo was supposed to be closed a half year ago. (Let alone, it should never have been built, used, or funded.)
Omar Khadr appeared before Military Judge Patrick Parrish in Guantanamo Bay this week to confirm his decision to fire his American legal team. He then stated that he plans to boycott the military commissions because he considers them “unfair” and “unjust.”
In explaining his decision, Khadr read from his own handwritten prepared statement that cited his objections to a proposed plea deal that would have had him admit guilt, saying that such a move would allow the U.S. government to use him to fulfill its goals and would provide the government with an excuse for torturing and abusing him as a child. Khadr asked how he could get justice from a process like the one found in the military commissions.
The video above is from this weekends CBS airing of Face The Nation with Bob Schieffer.
Eric Holder cites ”funding” as a hold up and concern in the reasoning for the delays in the 9/11 suspect trials.
There is however, no concern expressed for funding and continuing the War of Terror in the Middle East, nor any other military operation around the GLOBE that procures land or development rights for Congress’ constituent’s sponsers.
The simple, hard fact is that anyone held at Guantanamo did not ever have the ability to do this:
Below we have a letter written by the ACLU, I found it on the Common Dreams website:
GUANTANAMO BAY, CUBA — At the U.S. naval station here, a handsome electronic sign hangs between two concrete pillars. In yellow enamel against a blue metal backdrop is a map of Cuba, the “Pearl of the Antilles,” above flashing time and temperature readings.
“Welcome Aboard,” the sign says.
The cost of the marquee, along with a smaller sign positioned near the airfield: $188,000. Among other odd legacies from war-on-terror spending since 2001 for the troops at Guantanamo Bay: an abandoned volleyball court for $249,000, an unused go-kart track for $296,000 and $3.5 million for 27 playgrounds that are often vacant.
The Pentagon also spent $683,000 to renovate a cafe that sells ice cream and Starbucks coffee, and $773,000 to remodel a cinder-block building to house a KFC/Taco Bell restaurant.
The spending is part of at least $500 million that has transformed what was once a sun-beaten and forgotten Caribbean base into one of the most secure military and prison installations in the world. That does not include construction bonuses, which typically run into the millions.
A group is calling for signers to its petition that would have the 9/11 Conspirators trial held in New York. This is from their website:
More than 2,600 people were murdered in New York City on 9/11. The five men accused of planning the 9/11 attacks have been in US custody for several years but have still not been brought to justice. Why? Because the Bush administration held the men for years in secret prisons, and then insisted on trying the men in an untested military commission.
Now the Obama administration is considering holding the trial in a commission, too . These military commissions are not only lacking in fundamental due process guarantees, they are extremely inefficient. Since 9/11, military commissions have tried only three terrorism suspects. US federal courts, by contrast, have successfully completed more than 400 terrorism cases in that time.
There are apparently no current photos for Abu Zubaydah, who we had been told was a top leader of Al Qaeda.
by Nor Cal Truth June 2, 2010
The official story is changing slowly, towards the truth. I hope people are still listening. Here is a story from the National Post in Canada
The federal government case against Mohamed Harkat appeared to suffer a significant blow yesterday when a document was introduced in court showing that Abu Zubaydah, once considered a 9/11 mastermind, had nothing to do with the attacks.
The document, which quotes U. S court filings declassified last week, shows that Zubaydah, once believed to be one of the top leaders in al-Qaeda, was not even a member of the terrorist group.
A US appeals court has refused to give prisoners at an American military base in Afghanistan the same legal right to challenge their imprisonment as detainees held at Guantanamo Bay.
The three-judge panel on Friday sided with the Obama administration, ruling that US courts do not have jurisdiction over the legal petitions by the prisoners at the Bagram Air Base in Afghanistan and ordered that their cases be dismissed.
The administration of Barack Obama, the US president, took the same legal position as the administration of his predecessor, George Bush, arguing that detainees at Bagram have no right to have their cases heard in federal court in Washington.
Obama said everything he needed to say to have millions of people vote for his Presidency, none of it, absolutely none of it ever meant anything. I hope those who voted for him start taking their bumber stickers off soon, it makes me sick to see all of this false hope; it is as bad as seeing John McCain stickers or the occasional W’ 04 stickers.
The appointment of a well-respected ex-Navy lawyer to oversee war-crime trials is being seen in military legal circles as a sign the Obama administration might reverse its decision to bring Khalid Shaikh Mohammed to New York for a civilian trial.
At the same time, a pending speedy-trial ruling in a second terror case in New York could give Attorney General Eric H. Holder Jr. an escape route through which he could switch the trial of Shaikh Mohammed (KSM) from federal court back to a military system set up by former President George W. Bush and Congress.
In February, the White House and Mr. Holder left open the possibility of a war-crimes trial for Shaikh Mohammed, the admitted 9/11 attack mastermind. This would reverse Mr. Holder’s much-criticized decision in November to bring the al Qaeda heavyweight to the federal court system, where he would enjoy more rights and perhaps a media forum for anti-American propaganda.
A month after the administration signaled a reversal, the Pentagon, with significant White House input, named retired Navy Vice Adm. Bruce MacDonald as the war-crimes convening authority. In that post, the Navy’s former top lawyer is the official who brings criminal charges, selects jury pools, approves defense- lawyer expenses and makes other rulings.
Arguing that a Pentagon order banning four journalists from covering military commissions at Guantanamo Bay was illegal and unconstitutional, The Miami Herald and two Canadian news outlets appealed on Wednesday.
While covering a hearing last week to determine the admissibility of confessions made by Canadian detainee Omar Khadr, four journalists from The Herald, which is owned by McClatchy, the Toronto Star, the Globe and Mail and Can-West Newspapers of Canada printed the name of a witness who had been identified at the hearing as “Interrogator No. 1.” The witness, Joshua Claus, had been convicted by a U.S. military jury of detainee abuse in 2005 and sentenced to five months in prison. His role as Khadr’s interrogator had been known since 2008, when it was first revealed by a judge at Guantanamo. He later gave an on-the-record interview to the Toronto Star.
“The public is deprived of the very skilled reporting of journalists who have been covering this story for a long time,” she said.
A story from McClatchy Newspapers, which owns the Miami Herald, said Rosenberg has covered every military commission hearing at Guantanamo Bay, with the exception of one week, since the proceedings began in 2004.
The Pentagon has banned four reporters from covering court proceedings on the U.S. naval station at Guantanamo Bay, Cuba, because they published the name of a former U.S. Army interrogator.
The journalists violated ground rules by reporting the name of a protected witness, Defense Department spokesman Col. Dave Lapan said.
Miami Herald reporter Carol Rosenberg, Globe and Mail reporter Paul Koring, Toronto Star reporter Michelle Shephard and Canwest News Service reporter Steven Edwards were notified by Defense Department officials Thursday.
It seems like just yesterday that I was talking about Andy Worthington’s “Guantánamo Habeas Week.” Well, as of today he can update his Guantánamo Habeas Scorecard, because the same judge who denied the habeas petition for Yasin Ismail last week, Judge Henry H. Kennedy, Jr. of the U.S. District Court, Washington, DC, approved the petition for a different prisoner, Uthman Abdul Rahim Mohammed Uthman, primarily because the evidence against him had been produced by torture. (See quote from the decision below.) The two tortured “witnesses” against Uthman were presumed al-Qaida members, also held at Guantanamo, Sharqwi Abdu Ali Al-Hajj and Sanad Yislam Ali Al Kazimi.
This brings the scorecard to 35 of 48 habeas cases from Guantanamo decided against the government. I don’t know how many of them were due to tortured evidence. One would be too many, but it is far, far more than one. The U.S. released a cascade of evil when it decided it would torture whomever they could get their hands on, all to create a false narrative of fear, of a “homeland” under increasing attack by waves and waves of jihadists, armed with fictional “dirty bombs” and visions of heavenly virgins.
Posted by Brian 
