"The judge overseeing the premiere military tribunal at Guantánamo Bay effectively conspired with the prosecution to destroy evidence relevant to defending the accused architect of the 9/11 attacks, according to a scathing court document.
Army Col James Pohl, who this week at Guantánamo is presiding over a resumption of pretrial hearings in the already troubled case, “in concert with the prosecution, manipulated secret proceedings and the use of secret orders”, the document alleges, preventing Khalid Sheikh Mohammed’s defense team from learning Pohl had permitted the Obama administration to destroy the evidence".
"WASHINGTON -- The military judge overseeing the trial of Khalid Sheikh Mohammed and four others accused in the Sept. 11, 2001, terrorist attacks granted a U.S. government request to limit disclosure of classified information about "sources, methods and activities" used in fighting terrorism.
The American Civil Liberties Union made the ruling public Wednesday, saying in a statement that the judge's decision would prevent the public from learning about "illegal CIA torture."
The written ruling by Army Col. James Pohl also approves the government's request for a 40-second audio delay in relaying proceedings from the military courtroom at Guantanamo Bay, Cuba.
Prosecutors and defense lawyers spent part of a week in October debating how a military tribunal should handle classified and other sensitive information in the biggest terrorism case in U.S. history".
Khalid Sheikh Mohammed To Face Military Tribunal
PETE YOST 04/ 4/11 12:48 PM ET
WASHINGTON — Professed 9/11 mastermind Khalid Sheikh Mohammed and four alleged co-conspirators are being referred to the system of military commissions for trial, a federal law enforcement official said Monday.
The decision by the Obama administration is an about-face from earlier plans to have the five go on trial in civilian federal court in New York, which created intense political opposition among Republicans and even some Democrats, particularly in New York.
The official spoke on condition of anonymity about the switch, which Attorney General Eric Holder was expected to announce at an afternoon news conference.
Republican critics have roundly assailed the administration, first for the decision in late 2009 to try the men in New York City, then for a long delay in making a decision on whether to have them face military commission justice instead.
Writing for Slate, Attorney David Feige explains how KSM's upcoming trial will ultimately erode the efficacy of the American judicial system.
"In an idealized view, our judicial system is insulated from the ribald passions of politics. In reality, those passions suffuse the criminal justice system, and no matter how compelling the case for suppressing evidence that would actually effect the trial might be, given the politics at play, there is no judge in the country who will seriously endanger the prosecution. Instead, with the defense motions duly denied, the case will proceed to trial, and then (as no jury in the country is going to acquit KSM) to conviction and a series of appeals. And that's where the ultimate effect of a vigorous defense of KSM gets really grim."
Report: Fearing death penalty, Berlin to send team to 9-11 trial
Nov 21, 2009, 10:32 GMT
Berlin - The German government is to send observers to New York to ensure that evidence it provided in the case against five men accused of masterminding the September 11, 2001 attacks does not lead to them receiving the death penalty, news magazine Der Spiegel reported Saturday.
On November 13, the US Justice Department announced that Khalid Sheikh Mohammed and four other men would be tried in a federal court - and that the government was seeking the death penalty should they be convicted.
Members of the al-Qaeda cell including Mohamed Atta that led the suicide attacks on New York and Washington were based in the northern German city of Hamburg in the period leading up to the event.
Germany, which does not have a death penalty, has provided items of evidence for the trial on the condition that a possible death sentence would not be based on their materials.
This is many ways could be a more important opportunity than the tenth anniversary.
Does anyone remember when the Alex Jones crowd overpowered the corporate media at the Democratic National Convention last year?
We need this to happen outside the courthouse where KSM will be tried, a thousand times over what we saw at the DNC.
While those corporate pundits are standing there getting paid millions to keep us in the dark, we will use our voices and several bullhorns and overwhelm the corporate airwaves with truth!
At a point when many Americans have a "it was a long time ago" attitude about 9/11 and even the corporate media doesn't talk about it much, this is a golden opportunity.
Mobilize and Overwhelm!