[Ppnews] Guantánamo prosecutors say arguments on waterboarding should be in secret session
Political Prisoner News
ppnews at freedomarchives.org
Thu Jun 20 11:20:09 EDT 2013
Guantánamo prosecutors say arguments on waterboarding should be in
Read more here:
By CAROL ROSENBERG
crosenberg at miamiherald.com <mailto:crosenberg at miamiherald.com>
GUANTANAMO BAY NAVY BASE, Cuba -- The prosecution in the Sept. 11
conspiracy trial put the judge on notice Wednesday that it wants to hold
secret pretrial motions in the death-penalty case --- and exclude both
the public and five alleged terrorists during discussion of their years
in CIA custody.
Exclusion must be handled on a case by case basis, said Department of
Justice attorney Joanna Baltes. But, she argued, the accused don't have
an absolute right to hear legal arguments that discuss classified
information before a military jury starts hearing evidence.
Defense lawyers disagreed. At issue, noted attorney David Nevin for
alleged mastermind Khalid Sheik Mohammed, is the Bush administration's
Rendition, Detention and Interrogation program, in which his client was
waterboarded 183 times.
"Mr. Mohammad has a right to be present when we're talking about matters
that deal with his torture," he said. Nevin invoked the 8th Amendment
prohibiting cruel and unusual punishment, and said Mohammed has a right
to see evidence the against him.
Otherwise, he said, make it a non-capital trial.
For the discussion, Mohammed sat at the lead defendant's table leafing
through legal papers, his four co-accused seated behind him.
A day earlier the five men voluntarily skipped legal arguments over the
process of creating the war court case that accuses them of financing,
training and directing the Sept. 11, 2001 hijackings. The attacks killed
2,976 people in New York, the Pentagon and Pennsylvania.
Baltes countered that Congress did not give Guantánamo war court accused
an absolute right to attend a pretrial phase when lawyers were arguing
legal issues. "If it's a question of law, then there's no deprivation of
the accused rights."
Cheryl Bormann, defense lawyer for alleged al-Qaida lieutenant Walid bin
Attash, noted that at issue was the CIA's interrogation of the captives
before they got lawyers and before they got to Guantánamo. Rather then
exclude the accused, she said, declassify the program for all to see.
Jay Connell, attorney for Mohammed's nephew, argued the U.S. lost its
right to keep the CIA program a secret from the men when they put them
The judge, Army Col. James L. Pohl, did not rule. It appeared argument
on the issue might continue.
But last week Pohl closed the war court to both the public and the
accused in another death-penalty case by declaring disclosure of certain
information "could result in grave damage to national security."
Read more here:
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415
-------------- next part --------------
An HTML attachment was scrubbed...
More information about the PPnews