Starting Monday, Khalid Sheikh Mohammed and his four alleged September 11 co-conspirators are scheduled to appear in a Guantanamo Bay courtroom for hearings on a slew of key questions related to their upcoming trial -- again. Among the issues scheduled for argument are whether the public has a right to know what happened to the men over years in secret CIA "black sites" and whether the U.S. Constitution applies at Guantanamo Bay.
But before the legal arguments get underway, we first need to find out if the government managed to exterminate the rats and mold that had infested the Gitmo defense counsels' office. The problem was reportedly so bad that the office was deemed unsafe by the base naval hospital after members of KSM's legal team were rushed to the hospital emergency room for respiratory problems. According to one lawyer's letter filed with the court, "there were at least six dead large rats found in the ceilings of these spaces. When the workers came to remove the dead rats from the overhead ceiling areas, it is reported to me that rat feces dropped out of the ceiling." That was last year. The problem apparently still hadn't been solved as of late last month.
On Thursday, military Judge James L. Pohl denied defense lawyers' request to delay next week's hearings, based on "professional assessments as to the safety" of the defense counsel office. The court hasn't made publicly available the defense lawyers' views on the matter, contained in a separate court filing.
The last time this set of hearings was scheduled, back in August, a cut cable line caused an internet outage. Then Hurricane Isaac blew in.
These are the "reformed" military commissions that Brigadier Gen. Mark Martins, the Gitmo Chief Prosecutor, has promised will be fair, transparent and utterly professional.
So far, there's plenty of disagreement on those points. Transparency will be a big issue this week, if the hearing goes forward. Not only the detainees' defense lawyers but 14 news organizations and the ACLU are expected to argue that the government can't continue to muzzle the defendants by claiming all statements about their treatment in U.S. custody are classified. That's especially important in a death penalty case, where the prisoners' treatment in custody could be considered "mitigating evidence" -- evidence that weighs against their being executed.
Prosecutors also want to keep secret information that's not classified but, the government says, would nonetheless be "detrimental to the public interest" if released. The prosecutors have also secretly asked the judge for other rulings, but the documents filed with the court aren't being made publicly available, so it's not clear what the government is requesting.
The other critical question to be argued is whether the U.S. Constitution even applies at Guantanamo Bay. You would think that question would have been resolved in the nearly 11 years since President George W. Bush first created the military commissions. (This is their third incarnation.) But you'd be wrong. No court has ever ruled definitively whether and to what extent the U.S. Constitution applies at Gitmo, other than to say that the detainees there can't be denied the Constitutional right to habeas corpus: that is, the right to challenge their detention in a U.S. federal court.
Although Bush administration lawyers five years ago argued the Constitution did not apply, prosecutors now don't say one way or another. They insist the judge just shouldn't decide. The defense lawyers claim that's fundamentally unfair: if they don't know what legal standards apply, they can't possibly provide a meaningful legal defense for their clients. In their view, the defendants should be entitled to full Constitutional rights, following the Supreme Court's 2008 reasoning in Boumediene v. Bush, the case that established Guantanamo detainees' habeas rights.
This week, we may finally get some answers to these questions. Or not. Set aside the rats, the mold, the hurricane and the internet outages, and consider that it's taken 11 years just to get to the pre-trial hearing stage in this case. It's probably best not to expect too much.
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http://english.pravda.ru/russia/politics/15-10-2012/122458-usa_ussr_brazinskas-0/
Funny how, even up to Osama's (supposed) death, the FBI still hadn't added the 9/11 attacks to his 'most wanted' rap sheet. Why? Because there was NO EVIDENCE!! Oh, except for the magic passport that fluttered down undamaged from the top of the WTC's and the other 'convenient' evidence they found (like Atta's magic suitcase full of incriminating documents).
In fact, the Taliban said "show us the evidence and we'll hand Osama over". Bush said "Evidence, we don't need no stinking evidence.... Boom!"
So much for the rule of law in the 'free world'.
Al Qaeda expert and CNN national security analyst Peter L. Bergen visited Denmark in connection with the Danish publication of his recent book Manhunt: The Ten-Year Search for Bin Laden − From 9/11 to Abbottabad (Crown Publishing, 2012). The title gives an account of the operation, which culminated dramatically on 1 May 2012, when American elite troops shot and killed Bin Laden in his Abbottabad home in Pakistan.
In the question and answer session, I asked Mr. Bergen a simple question, at least from my perspective. I asked him; “Since by all accounts, Osama was unarmed, why did the Navy Seals not capture him alive instead of shooting and killing him at point black”.
I was expecting a sober and analytical answer but instead, he cynically replied;
“ Osama killed 3000 innocent people, thus it was OK to shoot him on site”.
I was not allowed to ask a following question by the world famous editor Flemming Rose of Jyllands-Posten. The moral of the story is:
“No human rights for those, USA considers criminal, dangerous enemy and terrorist. Better punish and even kill them without trial, court case or proper judicial procedure”.
If this is not crime against humanity, I do not know, what is?
in an embryonic police state.
“When the workers came to remove the dead rats from the overhead ceiling areas”
were they able to replace the gnawed-though wiring of the hidden microphones, at the same time?
“fair, transparent and utterly professional.”
Given that the hearings are being held in the torture-central surroundings of a rogue state.
“Transparency will be a big issue”
Can’t see the works for the tricks.
“evidence that weighs against their being executed.”
For whose benefit is the pantomime being presented? Couldn’t each defendant simply have an accident, running with scissors?
“prosecutors have also secretly asked the judge for other rulings”
Land of the free(dom from information).
“military commissions”
USSA state trials?
“detainees there can't be denied the Constitutional right to habeas corpus”
As they were illegally kidnapped, the process seems to have started as it intends to continue.
“what legal standards apply”
Maybe they’re based on the Mitt, make it up as you go along, philosophy.
“It's probably best not to expect too much.”
From empires, in their death throes.
Oh the horror when that happens. How dare they! The savages!
Of course, the US is going to have very little comeback when that happens now is it.
And why are the suspects being held in Guantanamo, Cuba, a country the US accuses of being a police state, where the rule of law does not apply?
The real trial here should be for the guys who made this all happen in the first place, hid it with legal mumbo jumbo and now are trying to hide it one more time behind a smoke screen of national security. Better still call it what it really is, an effort to hide the embarrassment it would cause to many individuals and the criminal acts perpetrated by them over all of these years.
These trials are just one more black mark against the USA and it's double standards when it comes to human rights and international law. It is a Rogue Country and these fake trials prove it.