Sep 11 trial threatened by U.S. govt’s legal wrangling

Eleven years since 9/11 and four years since Obama/Holder took over and the U.S. government has yet to prosecute the 9/11 mastermind who already confessed to being “responsible for the 9/11 Operation, from A to Z”. The legal wrangling is 100% internal between U.S. government officials.   via September 11 trial threatened by legal dispute – Telegraph.

The US defence department is at loggerheads with the chief prosecutor at Guantánamo Bay over what the charges should be. The five men, whose pretrial hearings reconvene at the naval base next week, face eight different charges.

However, Brig Gen Mark Martins, the chief prosecutor, said the charge of conspiracy should be dropped because it was no longer “legally viable” following a court ruling that conspiracy – a charge that seeks to punish suspects for association with al-Qaeda – was not a recognised war crime under international law. This meant it could not legitimately be brought before a war-crimes tribunal such as Guantánamo.

The ruling by an appeals court in Washington DC overturned the conviction against Osama bin Laden’s driver, Salim Hamdan, and has also undermined the conviction of Ali Hamza al-Bahlul, who made al-Qaeda propaganda films.

Gen Martins said retaining the conspiracy charges against the September 11 suspects could leave the prosecution open to “legal challenge” and cause “uncertainty and delay”. However, Guantánamo Bay’s “convening authority” – a branch of the Pentagon – said it would be “premature” to drop the conspiracy charges, hoping that the Supreme Court might reinstate their legality.

Richard Kammen, the lead counsel for Abd al-Rahim al-Nashiri, who was convicted in Yemen over the bombing of USS Cole but is also facing conspiracy charges at Guantánamo, said the government had seriously undermined Gen Martins’s position as chief prosecutor. “The sub-context of this is, ‘Who’s in charge?’ And to what extent does Gen Martins have any real authority in this case, other than to give speeches?” said Mr Kammen.

He added that preserving the conspiracy charges could open the door to an appeal against all the charges being faced by the September 11 co-conspirators and al-Nashiri. “If one of the main charges was conspiracy, and that was reversed, you would expect the appellate court to recognise that so impacted the rest of the trial that any other conviction would have to be reversed as well,” he said.

Gen Martins has indicated that he plans to press ahead with his request by petitioning the military judge in the September 11 trial to strike out conspiracy as a separate charge.

That would present the judge, Col James Pohl, 61, with the unenviable choice of either denying the requests of both defence and prosecution lawyers, or overruling his court’s own convening authority.

Col Morris Davis, a former Guantánamo chief prosecutor who resigned in 2007 in protest at the Pentagon meddling in the tribunals, said the dispute between two major government departments undermined the credibility of the tribunals.

He suggested that the government was clinging to the conspiracy charges because they were needed in cases against many of the detainees.

“They don’t need conspiracy charges in the major cases like the September 11 attacks, where they are just a safety net or fallback charge,” he said. “The problem is that for a lot of lesser cases, that’s about all you could ever charge with.”

5 Responses

  1. HOW SHAMELESSLY STUPID CAN THIS GET????? IF THESE SCUMBAGS HAD BEEN JEWS OR CHRISTIANS BLOWING UP A MOSQUE THEY WOULDN’T HAVE EVEN BEEN GIVEN THE RIGHT TO A TRIAL–MUCH LESS DRAGGING IT OUT FOR NEARLY 12 YEARS!!!!!

  2. They attacked us.
    They bragged about it.
    They are Muslims.
    Just drown them in the holding tank of a hog farm and be done with them.

    Common sense: saving time, saving money and avoiding hostage bait dictates summary execution without trial.

    • Right on!! I agree with both of you!

    • Why has it taken years, after years to bring these criminals to justice. If I killed anyone, I would be put to death. Why can’t our laws get justice anymore. Guess who is interfering with our laws. Surely it must be ignorant lawyers appointed by the while house. Just look at what Eric Holder has done and got away with it. He gave Guns to Mexican who kill our border patrol agents and now His boss wants to take our Guns away from citizens and turn around and give millions of Dollars, F-16 Aircraft about 20 and 200 tanks to our enemies. This Guy needs his head strewed on right. He continues to violate our Constitution and our laws. He has attacked our Religious people by wanting to fine them a Million plus dollars for not selling contraception in their store which is a viloation of our Religious laws. The Constitution declares that the government shall make no laws about Religion. he continues to usurp the constitution of the United States. We need law and order restored to our country. What should congress do about him?

  3. Obama has been charged with violating Our Constitution by the lower courts. It is on the way to The Supreme Court. If The Supreme Court does nothing about this, then Our constitution is on the way out be cause of Obama being a dictator and He will rule American and the damn DemocRATS WILL DESTROY AMERICA. Since the Washington DC overturned the conviction against Osama bin Laden’s driver, Salim Hamdan, and has also undermined the conviction of Ali Hamza al-Bahlul, who made al-Qaeda propaganda films.I want to know why these charges were underminded and why they where. Can the courts in Washington give us a real good reason for the delay, after all the time has been delayed and they have no good lawful reason not to charge them. I know one thing, our courts in Washington DC are interfering with our justice system. Should they as crooked as they are be in charge of who says what when it come to justice in our land. I think not!!! Richard Kammen, the lead cunsel for Abd al-Nashiri, who was convicted in Yemen over the bombing of USS Cole but is also facing conspiracy conviced in Yemen over the bombing of USS Cole but is also facing conspiracy charges at Guantanamo, said the government had seriously undermined Gen Martins’s position as chief prosecutor, “The sub-context of this is, “Who’s in charge?” and to what extent does Gen Martins have any real authority in this case, other than to give speeches?” If a person has already been convicted of charges, then why are they not carried out and judged. Why do we listen to white house counsel if they are going to deny these charges. Just who do they think they are any way. The Washington DC lawyers are all supported by usurping our laws. This why we cannot have any convictions because Obama wants to interfere with our laws. Look what He has already done to our Constitutions laws.

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