GUANTANAMO NAVY BASE, Cuba -- The military judge handling the trial of five detainees charged in connection with the Sept. 11 attacks ordered the government on Thursday to disable the ability of any outside party to cut off the broadcast of the court proceedings.
Col. James L. Pohl said this week would be "the last time" that any third party "will be able to unilaterally decide" when the court closes. An anonymous outside censor -- almost certainly the CIA -- cut off the feed earlier this week when a lawyer for Khalid Sheikh Muhammed began discussing his motion to make the government preserve the secret black sites overseas where his client was tortured by the CIA, in order to protect any evidence. Pohl admitted on Tuesday that he wasn't aware of the audio-visual capabilities of the multimillion-dollar secure courtroom facility.
"I order the government to disconnect any ability for any third party to unilaterally suspend the broadcast of these proceedings," Pohl said in court on Thursday, reading from a prepared statement.
Proceedings at Guantanamo are streamed on a 40-second delay to a room with a view of the courtroom, to Guantanamo's media center and to additional reporters in Fort Meade, Md. A court security officer located in the courtroom has the ability to cut the feed if any classified information is mentioned, but it was revealed this week that an additional outside censor also had the ability to cut the feed without the judge's input.
Pohl continued, "It is the judge that controls the courtroom."
UPDATE: "I understand that observers may become frustrated when part of a proceeding is withheld from view, even temporarily," chief prosecutor Gen. Mark Martins said in a statement on Thursday afternoon. "After this closure -- which the Judge explained was not occasioned by any actual spillage of classified information -- the unredacted transcript of what was said during this brief instance was released to the public in less than 48 hours. Many officials continue to work hard to ensure that the public can meaningfully observe and make informed judgments about these proceedings, while protecting our national security interests."
Defense attorneys for the detainees said later Thursday that the debate over the censor button demonstrated the illegitimacy of the military tribunal system.
"Who is pulling the strings? Who is the master of puppets? We have more questions than we have answers," said Walter Ruiz, an attorney for Mustafa al Hawsawi, an alleged al Qaeda money courier.
David Nevin, a lawyer for KSM, said it would "open a number of questions" if indeed someone based in the U.S. had the ability to cut off the feed of the courtroom facility. Martins had declined to say whether the secret censor was based either in the U.S. or was located somewhere on Guantanamo Navy Base.
James Harrington, a lawyer for Ramzi Binalshibh, said a federal judge would have never put up with someone else having the ability to cut off access to his courtroom.
"I have been practicing for over 40 years in federal courts in the United States, if this had happened before any federal judge that I know of, this proceeding would have been stopped. There would have been hell to pay. Hell to pay," Harrington said.
The lawyers also worried that communications with their clients in the courtroom were also being monitored even when they pressed a button that was supposed to turn their microphones off.
"Let me tell you, after this week the paranoia level has kicked up a notch," said James G. Connell III, who represents Ali Abd al Aziz Ali.
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Abuse Of Prisoners
As the <em>New York Times </em><a href="http://www.nytimes.com/2011/04/25/world/guantanamo-files-lives-in-an-american-limbo.html?pagewanted=2&_r=1" target="_hplink">reports</a>, Mohammed Qahtani -- a Saudi believed to have been an intended participant in the Sept. 11 attacks -- was subject to coercive questioning and other abuses during his interrogation. The cables describe Qahtani as being leashed like a dog, sexually humiliated and forced to urinate on himself. His file says, "Although publicly released records allege detainee was subject to harsh interrogation techniques in the early stages of detention," his confessions "appear to be true and are corroborated in reporting from other sources."
Arbitrary Nature Of Prison System
As <em>Le Monde</em> is <a href="http://www.worldcrunch.com/wikileaks-guantanamo-why-us-declared-iranian-catholic-drug-dealer-enemy-combatant" target="_hplink">reporting</a>, one "low-value" Iranian-Catholic detainee was kept in Guantanamo even after being deemed ready for release -- given his "cooperative nature" and in the interest of "possible financing relations" between Al Qaeda and traffickers. According to the cables, Abdul Majid Muhammed was deemed fit for release in 2002: "The detainee is not affiliated with Al Qaeda or the Taliban. He was involved in drug trafficking. It is unlikely that he represents a risk for the U.S. or its allies."
An Al Jazeera journalist was <a href="http://www.huffingtonpost.com/2011/04/25/sami-al-hajj-al-jazeera-j_n_853297.html" target="_hplink">reportedly </a>held at Guantanamo Bay for six years partially so he could be interrogated about the network Sami al-Hajj, a Sudanese national and Al Jazeera cameraman, was captured in Pakistan in late 2001. Though he was never convicted or even tried of any terrorist ties, al-Hajj was held until 2008 because interrogators wanted to find out more about "the al-Jazeera news network's training programme, telecommunications equipment, and newsgathering operations in Chechnya, Kosovo and Afghanistan, including the network's acquisition of a video of UBL [Osama bin Laden] and a subsequent interview with UBL," <a href="http://www.guardian.co.uk/world/guantanamo-files/US9SU-000345DP" target="_hplink">according</a> to the cables.
Violent Threats Against Captors
Some detainees are described as ruthlessly violent in the documents. As the <em>New York Times </em><a href="http://www.nytimes.com/2011/04/25/world/guantanamo-files-lives-in-an-american-limbo.html?pagewanted=2&_r=1" target="_hplink">reports</a>, one detainee said "he would like to tell his friends in Iraq to find the interrogator, slice him up, and make a shwarma (a type of sandwich) out of him, with the interrogator's head sticking out of the end of the shwarma." Another "threatened to kill a U.S. service member by chopping off his head and hands when he gets out," and informed a guard that "he will murder him and drink his blood for lunch. Detainee also stated he would fly planes into houses and prayed that President Bush would die."
New Details On Post-9/11 Al Qaeda Whereabouts
As the<em> Washington Post</em> <a href="http://www.washingtonpost.com/world/wikileaks-discloses-new-details-on-whereabouts-of-al-qaeda-leaders-on-911/2011/04/24/AFvvzIeE_story_2.html" target="_hplink">reports</a>, the documents describe a major gathering of some of Al Qaeda's most senior operatives in early December 2001. They included Khalid Sheik Mohammed, the self-described mastermind of the Sept. 11 attacks; Abd al-Rahim al-Nashiri, the alleged planner of the USS Cole attack; and Abu Faraj al-Libbi, a key facilitator for bin Laden. After returning to Karachi, Mohammed "put together a training program for assassinations and kidnappings as well as pistol and computer training."
"Nuclear Hellstorm' Threat
The leaked files<a href="http://www.google.com/hostednews/afp/article/ALeqM5h9ouUwZB0vhDcEsGB8N2uVcvGFqQ?docId=CNG.e738123e4ccce6019851c695501ca633.9e1" target="_hplink"> indicate</a> Khalid Sheikh Mohammed told Guantanamo Bay interrogators that Al Qaeda had hidden a nuclear bomb in Europe which will unleash a "nuclear hellstorm" if Osama bin Laden is captured or killed. The terror group also planned to make a 9/11 style attack on London's Heathrow airport by crashing a hijacked airliner into one of the terminals, the files showed.
The <em>Washington Post</em><a href="http://www.washingtonpost.com/world/wikileaks-discloses-new-details-on-whereabouts-of-al-qaeda-leaders-on-911/2011/04/24/AFvvzIeE_story_2.html" target="_hplink"> reports</a> Abd al-Rahim al-Nashiri, the alleged planner of the USS Cole attack, "received injections to promote impotence" to avoid being distracted by women, and "recommended the injections to others so more time could be spent on the jihad."
Prisoner Details And Ranking System
Gitmo detainees are <a href="http://www.washingtonpost.com/world/wikileaks-discloses-new-details-on-whereabouts-of-al-qaeda-leaders-on-911/2011/04/24/AFvvzIeE_story.html" target="_hplink">reportedly</a> assessed "high," "medium" or "low" in terms of their intelligence value, the threat they pose while in detention and the continued threat they might pose to the United States if released. As Reuters<a href="http://www.huffingtonpost.com/2011/04/25/guantanamo-files-detainees_n_853309.html" target="_hplink"> reports</a>, most of the 172 remaining prisoners have been rated as a "high risk" of posing a threat to the United States and its allies if released without adequate rehabilitation and supervision.
Gitmo authorities named Pakistan's Inter-Services Intelligence agency a "terrorist organization" along with Hamas and other international militant networks, according to leaked documents. As the Associated Press <a href="http://www.huffingtonpost.com/2011/04/25/pakistan-intelligence-terror-links-guantanamo_n_853274.html" target="_hplink">reports</a>, the ISI is part of a list that includes more than 60 international militant networks, as well as Iran's intelligence services, that are "terrorist" entities or associations and say detainees linked to them "may have provided support to Al Qaeda and the Taliban, or engaged in hostilities against U.S. and coalition forces."