Defense lawyer Scott Fenstermaker in an interview with The Populist describes how he was blocked by the government from representing 9/11 detainees and how the judges and lawyers in the New York trial may themselves be prosecuted in a future war crimes tribunal.

Scott Fenstermaker, the 9/11 Lawyer, Speaks Out The Populist, November 30th, 2009

Scott Fenstermaker has become the lightning rod for 9/11. He is the only defense lawyer mentioned in the upcoming trials of Khalid Sheikh Mohammed and his four co-conspirators. Although he won’t be defending them in court, he’s been pilloried by the press for daring to suggest that these detainees have any legal rights.

I called him this weekend, and asked him why.

Scott Fenstermaker has represented Ali Abd al-Aziz Ali in various legal proceedings at Guantanamo Bay. Mr. Ali stands accused of conspiracy, murder, destruction of property, hijacking, and terrorism for his part in the September 11th attacks. I could not understand why Mr. Fenstermaker would not defend his client in court, so I began the interview by asking him to clarify this:

Gitmo Detainee Denies Role In 9/11 Plot
Source: Associated Press

(AP) WASHINGTON A Saudi accused of arranging financing for the Sept. 11 terrorist plot participants told a hearing he got money transfers from two hijackers inside the United States just hours before the attacks, said a transcript the Pentagon released Thursday.

But Mustafa Ahmad al-Hawsawi, who was based in the United Arab Emirates on Sept. 11, 2001, denied that he was a member of the al-Qaida terrorist network and he also denied that he sent money to the hijackers.

He is one of 14 "high value" detainees who were transferred to Guantanamo last September after being held in secret CIA prisons abroad. The transcript of his Guantanamo hearing contained no reference to his detention; a portion in which he explained how he was captured in Pakistan in 2003 was censored by the Defense Department.

The hearing, held to determine whether he is an "enemy combatant" eligible to be charged with war crimes, was conducted March 21.