Jury Selected for Terror Case

The trial of radical Islamic cleric Abu Hamza al-Masri, the latest alleged terrorist to be tried in the federal court system rather than via military commission, is rapidly moving forward in New York. Jury selection was completed this past Monday, when eight men and four women were selected to serve as the jury for the trial expected to last about five weeks. Continue reading

Federal Courts v. Military Commissions: The Debate Isn’t Over

After last week’s conviction of Bin Laden’s son-in-law Sulaiman Abu Ghaith in Federal Court, Attorney General Eric Holder issued a statement praising the trial as a demonstration that Federal Court is the proper venue for high-profile terrorism cases. As I cited in a post earlier this week, Holder said of the trial:

“We never doubted the ability of our Article III court system to administer justice swiftly in this case, as it has in hundreds of other cases involving terrorism defendants. It would be a good thing for the country if this case has the result of putting that political debate to rest. This outcome vindicates the government’s approach to securing convictions against not only this particular defendant, but also other senior leaders of al Qaeda.” Continue reading

Al Nashiri Before a Military Commission at Gitmo

This guest post was written by Charles R. Church, and is drawn from his copyrighted e-book titled My Week at Guantanamo’s War Court, which is available on amazon.com.

 

My excitement ran high when Mark Denbeaux phoned to tell me I would be heading to the Guantanamo Naval Base for a week, for I had been studying, writing and talking about both its detention facility and its military commissions for years. Now I would be attending, as a journalist and observer, pretrial proceedings in the military tribunal capital prosecution of abd al Rahim Hussayn Muhammad Al Nashiri, the Saudi claimed to have presided over bin Laden’s “boats operation,” for which he had planned three attacks on foreign ships, including the devastatingly lethal one in 2000 on the USS Cole, the destroyer fueling in Aden Harbor in Yemen. Continue reading

Al Darbi Pleads Guilty

Alexandra Kutner is currently at Guantanamo Bay, Cuba on behalf of the Center for Policy and Research 

Ahmed Mohammed Ahmed Haza al Darbi spoke in both English and Arabic as he answered judge Air Force Col. Mark L. Allred’s questioning on Thursday. Clutching his prayer beads, al Darbi, a Saudi Arabian national, pled guilty to having joined with other members of al Qaeda in planning and preparing attacks against civilian oil tankers in Southwest Asian Waters. While al Darbi entered Court Room 1 knowing he was going to plead guilty to the charges, he listened attentively to each question and the detailing of every element of his charges. Despite being captured during the actual attack of the MV Limburg, al Darbi acknowledged today that he was complicit in the plot that lead to the explosion. Al Darbi will likely spend between 9 and 15 additional years in prison, possibly in his home country of Saudi Arabia.

There has been speculation that Al Darbi will testify against Nashiri, accused of plotting the 2000 attack on the USS Cole, in his upcoming trial, but this has been neither confirmed nor denied at this time.  Al Darbi is the sixth detainee to plead guilty at the military commissions and the first Saudi convicted of terror charges.

Alexandra Kutner, Research Fellow
Center for Policy and Research

Al Nashiri Keeps Kammen, Speaks of Frustrations

Alexandra Kutner is currently at Guantanamo Bay, Cuba to observe proceedings in the al Nashiri case on behalf of the Center for Policy and Research.

Alleged architect of the USS Cole bombing Abd al Rahim al Nashiri’s motion hearing went off without a hitch yesterday morning. Al Nashiri met with his learned counsel Rick Kammen after the court recessed on Monday, and the pair appear to have worked out whatever problems led to al Nashiri’s attempt to fire Kammen. Al Nashiri spoke unshackled to the court, apologizing for the delay. Continue reading

Al Nashiri Loses Faith in Counsel

Alexandra Kutner is currently at Guantanamo Bay, Cuba to observe proceedings in the al Nashiri case on behalf of the Center for Policy and Research.

Clean shaven Saudi detainee Abd al Rahim al Nashiri, accused of being the architect of the 2000 USS Cole bombing in Yemen, merely swiveled in his chair during his seven-minute stay in court. Al Nahsiri’s learned counsel, Rick Kammen, spoke on his behalf, explaining to the court that Nashiri had lost confidence in him and wanted him removed from the case. In hopes of preserving their relationship, Kammen requested two days to attempt to reconcile the relationship. Judge Pohl agreed to grant Kammen time to speak with al Nashiri and recessed until Wednesday. If the two cannot repair their relationship, al Nashiri is ultimately allowed to fire Kammen under current military commission rules. Continue reading

Guantanamo News: 9/11 Case Delayed

Yesterday, officials at Guantanamo Bay announced that United States v. Khalid Sheikh Mohammed, et al. a.k.a the 9/11 trials, will be delayed until at least April. The case has been at a standstill since December when the presiding judge, Army Col. James Pohl, decided to adjourn to determine the mental status of one of the detainees on trial. Continue reading

Declassification of KSM Manifesto Provides a Platform for Extremism

As I discussed at length last week, high-value detainee Khalid Sheikh Mohammed (“KSM”) recently drafted a manifesto, which was turned over to GTMO officials in October and declassified earlier this month by Judge Pohl. It is my personal opinion, however, that this “manifesto” should not have been released at all, in any form. Continue reading

Colleen “Jihad Jane” LaRose Sentenced

Colleen LaRose, better known as “Jihad Jane,” was sentenced to ten years in federal prison last week. LaRose was convicted on multiple terrorism-related counts, most notably for her role in plotting the murder of a Swedish cartoonist who depicted the Islamic Prophet Muhammad as a dog in a political cartoon. Prosecutors allegedly sought a more serious sentence but U.S. District Judge Petrese Tucker lightened LaRose’s punishment based in part on her renouncement of her crimes. Continue reading

Dispatch from Guantanamo Bay: US v. Mohammed

“It’s a Mixture of Kafka, Machiavelli, Catch 22, and George Orwell’s 1984.  It just depends on the day” – Major Jason Wright Defense Counsel for K.S.M.

            Last week, I had the opportunity to travel to Guantanamo from October 22nd through 25th to observe the Military Commission proceedings for United States v. Khalid Sheikh Mohammed et. al. Perhaps the most appropriate word to describe my observations is frustration.  Regularly during the week, the observable liberties afforded to each of the accused, including prayer time in the courtroom, freedom of attire, and remaining unshackled were only contradicted by the accusations of intentional sleep deprivation, confiscated attorney-client privileged material, and force-feeding. Furthermore, the interpretation of the Military Commissions’ rules and their applications were consistently debated, particularly with regards to how they should be implemented when other laws, such as international laws, hold inconsistent stances. Continue reading