<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN">
<html>
<head>
<meta http-equiv="content-type" content="text/html; charset=ISO-8859-1">
</head>
<body bgcolor="#ffffff" text="#000000">
<h1 class="storyHeadline entry-title">Guantánamo defense attorneys want
CIA names to prepare USS Cole case</h1>
<div
style="overflow: hidden; width: 1px; height: 1px; color: rgb(0, 0, 0); font-family: sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 10pt; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; text-align: left; text-transform: none;"><br>
Read more here:
<a class="moz-txt-link-freetext" href="http://www.miamiherald.com/2014/04/09/4049360/guantanamo-defense-attorneys-we.html#storylink=cpy">http://www.miamiherald.com/2014/04/09/4049360/guantanamo-defense-attorneys-we.html#storylink=cpy</a></div>
<h3 class="byline">By Carol Rosenberg</h3>
<b><small><small><a class="moz-txt-link-freetext" href="http://www.miamiherald.com/2014/04/09/4049360/guantanamo-defense-attorneys-we.html">http://www.miamiherald.com/2014/04/09/4049360/guantanamo-defense-attorneys-we.html</a></small></small></b><br>
<font color="#cc0000"><b>Corporate Media Source</b></font><br>
<br>
<h3 class="credit_line"><a href="mailto:crosenberg@MiamiHerald.com">crosenberg@MiamiHerald.com</a></h3>
<div id="storyBodyContent" class="entry-content">
<p> Just-released transcripts of a secret session at the Guantánamo war
court show defense lawyers want a list of the countries where the CIA
secretly jailed the alleged USS Cole bomber, and the names of people
who worked at the agency's black sites. But the prosecution won't
provide them.</p>
<p>The tug-of-war over transparency emerged days after the Senate <a
href="http://www.miamiherald.com/2014/04/03/4037714/mcclatchy-senate-panel-finds-cia.html"
target="_blank">voted to declassify</a> a portion of an investigation
of the so-called CIA Torture Program that could contain some of the
answers sought by lawyers for Saudi Abd al Rahim al Nashiri before his
death-penalty trial.</p>
<p>Defense lawyers have security clearances that allow them to know
certain aspects of the still-secret CIA Rendition, Detention and
Interrogation program. But they aren't entitled to a list of nations
and names as they prepare for Nashiri's Dec. 4 death penalty tribunal,
case prosecutor Navy Cmdr Andrea Lockhart said in a <a
href="http://media.miamiherald.com/smedia/2014/04/04/20/05/h2pRP.So.56.pdf"
target="_blank">transcript</a> of the closed Feb. 22 Guantánamo
hearing posted on the Pentagon's war court website Friday evening. </p>
<p> Lockhart told the judge, Army Col. James L. <a
href="http://www.miamiherald.com/2012/04/28/2773674/911-judge-has-handled-tough-cases.html"
target="_blank">Pohl</a>, the defense does not have the right to
“double-check the government’s work, and they certainly don’t have the
right to do their own independent investigation” of what happened to
Nashiri.</p>
<p>Defense lawyers argue otherwise. They want to independently
reconstruct what happened to Nashiri in secret confinement — between
his capture in Dubai in 2002 and transfer to Guantánamo four years
later for this trial by military commission — to challenge the
integrity of certain evidence and to argue his mistreatment
disqualifies a death penalty.</p>
<p>The CIA waterboarded him, and an internal abuse investigation showed
its agents also interrogated Nashiri while he was nude; they also
threatened him with a revving power drill, handgun and threats to
sexually assault his mother.</p>
<p>The chief prosecutor, Army Brig. Gen. Mark Martins, has already
noted that the Obama administration revamped the tribunal to prohibit
use of involuntary interrogations at trial. In the transcript, Lockhart
says all mistreatment of Nashiri is now in the public domain.</p>
<p>The defendant, just like the public, was excluded from two closed
hearings in February where the judge and lawyers invoked the classified
information the defense is allowed to know in trial preparation. </p>
<p>The Pentagon released the heavily censored transcript six weeks
later. </p>
<p>Defense lawyers argue the who, what, where and how are critical to
efforts to exclude statements Nashiri made at Guantánamo ostensibly
voluntarily in his fourth year of U.S. custody without benefit of an
attorney.</p>
<p>“The name of the country or whatever particular location is not
relevant for the purposes of what occurred, “ Lockhart argued. Who,
what, where and when don’t matter, she said, “at the end of the day
when you boil it down, what matters is what happened to the accused.”</p>
<p> Once Nashiri got to Guantánamo, the Justice Department had “clean
teams” question him in a less coercive setting, and the military
brought him before a <a
href="http://media.miamiherald.com/smedia/2008/04/16/18/Nashiri.source.prod_affiliate.56.mp3"
target="_blank">panel</a> to question him and confirm his status as an
“enemy combatant.”</p>
<p>At the closed hearing Feb. 22, Nashiri’s long-time defense lawyer
argued CIA agents so fundamentally dismantled their prisoner’s
personality with “enhanced interrogation” program that he told
investigators what they wanted to hear.</p>
<p>“The guy that was arrested is dead,” said Rick Kammen, Nashiri’s
lawyer since 2008. “They haven’t killed his body but they’ve killed
whoever that guy was. Because that’s what this program was designed to
do, it was designed to turn people into a state of learned helplessness
where they were powerless to say no to government agents.”</p>
<p>Navy Cmdr Brian Mizer, another Nashiri lawyer, told the Miami Herald
this week that an investigation of the treatment should determine
whether any of Nashiri’s answers to questions at Guantánamo were truly
voluntary: “You have to get back to the past to determine whether this
is just a dog barking on command.”</p>
<p>A military medical board has <a
href="http://www.miamiherald.com/2013/06/01/3428534/guantanamo-captive-accused-in.html"
target="_blank">diagnosed</a> Nashiri, 49, a self-described former
millionnaire merchant from Mecca, as having Post-Traumatic Stress
Disorder and a Major Depressive Disorder.</p>
<p>Nashiri, at times described by the Bush administration as the
al-Qaida’s chief of Persian Gulf operations, is accused of
orchestrating the Oct. 12, 2000 suicide bombing of the USS Cole off
Yemen. Two men in a bomb-laden skiff motored up alongside the warship
at Aden harbor and blew themselves up, killing 17 U.S. sailors.</p>
<p>Because the now-defunct black site program is still classified, the
government contends, even defense lawyers with security clearances,
aren’t entitled to the details. If Nashiri happens to remember the
places he was kept, he can volunteer the details to his lawyers. But
separately defense lawyers cannot discuss with him <a
href="http://www.miamiherald.com/2014/02/24/3957849/uss-cole-defense-lawyers-you-cant.html"
target="_blank">14 percent</a> of the so-called discovery in his case
because it is classified at a level that Nashiri can’t hear about it,
according to prosecutors.</p>
<p>At issue now is how much trial preparation the defense lawyers are
allowed to do.</p>
<p>They want to interview officials who worked at the black sites, comb
through manifests and read approved Standard Operating Procedures on
so-called enhanced interrogation techniques that spelled out how to
waterboard Nashiri in secret custody. And they want to know which
countries hosted the CIA prisons.</p>
<p>Kammen explained it to the judge this way: “If there is an SOP as to
how you are going to do a torture and it wasn’t followed, that would be
really important to know.”</p>
<p>To do otherwise, Kammen told the judge, would be unethical.</p>
<p>Prosecutor Lockhart disagreed. “If he was waterboarded, regardless
of whether the government said it is right or wrong, is that going
change the nature of the ability to present that to the members? It is
not. What matters is what was done to him, regardless if somebody said
it was OK or not.”</p>
<p>Government censors blacked out names, paragraphs and large portions
of the argument from the transcript including several lines after
Kammen says, “What we want, Your Honor, are the names of witnesses,
witnesses who participated in the torture.”</p>
<p>The for-public portion picks up with: “What could possibly be more
mitigating than that? And if a doctor was part of that, if a
psychologist was part of that, and they were being paid by the United
States, that is mitigating in the context of a case where the United
States is now seeking to kill the guy they did it to.”</p>
</div>
<div class="moz-signature">-- <br>
Freedom Archives
522 Valencia Street
San Francisco, CA 94110
415 863.9977
<a class="moz-txt-link-abbreviated" href="http://www.freedomarchives.org">www.freedomarchives.org</a>
</div>
</body>
</html>