Three Detainees Skip Court As 9/11 Hearing Continues

By Donna Miles
American Forces Press Service

FORT MEADE, Md., Oct. 16, 2012 - Three of the five defendants charged with planning and conducting the 9/11 terrorist attacks took advantage of yesterday's military court ruling and sat out of their pre-trial hearing today as the judge granted them broad latitude regarding what they can wear when they do choose to appear in court.

On the second of what is expected to be a five-day hearing at Naval Air Station Guantanamo Bay, Cuba, the judge, Army Col. James Pohl, also took up what is considered a main issue: how to proceed with the trial without compromising classified information.

Khalid Sheik Mohammed, the self-proclaimed mastermind of the attacks, Ali Abdul Aziz Ali, and Mustafa Ahmed Adam al Hawsawi waived their right to attend the second day of pre-trial hearings. Based on Pohl's ruling, the waivers apply to one day only, and the defendants must repeat the process the morning of any court session they wish to skip.

Today, Walid Muhammad Salih Mubarak bin Attash and Ramzi Binalshibh were the only defendants to sit in the courtroom with their defense attorneys.

Pohl opened today's hearing by ruling that the accused can wear pretty much what they want to their court proceedings, including camouflage clothing that both Mohammed and bin Attash have requested. Pohl stipulated, however, that the clothes must not be legitimate U.S. military uniform items and, if prison garb, must not be in a color that misrepresents the detainee's security status. The judge said he would issue the ruling in writing to spell out details.

Mohammed's military defense attorney, Army Capt. Jason Wright, argued that the accused should be able to dress to reflect their affiliations. He noted, for example, that Mohammed wore a uniform as a member of the mujahedeen during the Soviet occupation of Afghanistan and during operations in Bosnia-Herzegovina.

Army Maj. Joshua Kirk, representing the Defense Department, argued that no legal precedent gives prisoners "the unfettered right to wear clothing of their own choosing." He noted that a former Joint Task Force Guantanamo commander had issued specific dress guidelines both as a force-protection measure and to ensure detainees don't use their attire to make an inflammatory statement.

Pohl affirmed the JTF Guantanamo commander's authority to designate what detainees can wear in detention and when transported to court proceedings, but not inside the courtroom.

Much of today's hearing focused on how to proceed with the military tribunal without divulging classified information. The prosecution has asked for a protective order that includes "presumptive classification," which essentially means that anything the defendants say is treated as classified unless it is proven otherwise.

Justice Department Attorney Joanna Baltes said the presumptive classification measure helps ensure the government can prosecute the case without disclosing classified information that threatens U.S. national security.

However, Navy Lt. Cdr. Kevin Bogucki, Binalshibh's military defense attorney, called it "a scheme" that prevents detainees from testifying about everything that has happened to them since they were taken into U.S. custody, particularly in the hands of the CIA.

"It puts up barriers" and "makes this job impossible," agreed Cheryl Bormann, bin Attash's learned counsel, an attorney appointed by the Defense Department who has specialized training and experience in capital cases.

Baltes said a court security officer or other official could operate as a middleman, serving as a neutral party to smooth issues between the defense teams and intelligence agencies.

James Connell, learned counsel for Abdul Aziz Ali, argued that the defense team needs a security official to help them identify what information might be classified. "We need a mechanism for privileged classification review and we don't have it," he said. "I don't care what you call it or how you organize it. We need it."

David Schulz, a media lawyer representing 14 news organizations, argued that the draft protective order would violate the public's constitutional right to information. The issue, he said, boils down to whether the public's constitutional right to observe and attend court proceedings extends to the military tribunals.

"We don't have secret trials in this country," Schulz told Pohl. "We, as a country, take the guarantee of open trials very seriously."

Schulz said closed sessions are appropriate when necessary to protect information that, if released, could substantially impact national security. However, he pressed for a narrow definition of what issues are important enough to override the public's constitutional rights and warrant closed sessions.

Hina Shamsi, representing the American Civil Liberties Union, also argued against what she called a thinly veiled effort to censor the defendants' testimony about their torture and detention while in U.S. custody.

The ACLU filed a motion in May asking the commission to bar a delayed audio feed of the proceedings or promptly release an uncensored transcript.

"There is an ongoing public debate about the fairness and transparency of the Guantánamo military commissions," Shamsi said of the motion. "And if the government succeeds in imposing its desired censorship regime, the commissions will certainly not be seen as legitimate."

Pre-trial sessions are expected to continue through Oct. 19. Pohl said he plans to schedule one week of pre-trial hearings in December, January, February and March to iron out administrative and legal issues before the actual trial begins later next year.

All five of the dependents were captured in Pakistan between 2002 and 2003 and have been confined at Guantanamo Bay since 2006.

They were charged during their arraignment in May with terrorism, conspiracy, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, murder in violation of the law of war, destruction of property in violation of the law of war, hijacking or hazarding a vessel or aircraft. If found guilty, they could receive the death penalty.

The proceedings are being broadcast via closed-circuit television to a media center here at Fort Meade and at several other military bases around the country.

Note: Above is a Defense Department photo of the Pentagon after the 9/11 terrorist attack.

Pretrial hearing Kick Off For 9/11 Defendants

By Donna Miles
American Forces Press Service

FORT MEADE, Md., Oct. 15, 2012 - Khalid Sheikh Mohammed, the self-proclaimed mastermind behind the 9/11 terrorist attacks (seen in the above photo shortly after his arrest), and four co-defendants charged with planning and carrying out the attacks have the right to skip court proceedings regarding their case, Army Col. James Pohl, the judge, ruled today.

Pohl's decision kicked off a week of pretrial hearings that opened today at Naval Station Guantanamo Bay, Cuba. The court is expected to address a docket of 25 administrative and legal issues ranging from what defendants can wear in court to measures to prevent classified information from being divulged during the trial.

The judge ruled that Mohammed, Walid Muhammad Salih Mubarak bin Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali and Mustafa Ahmed Adam al Hawsawi can elect not to attend their court proceedings. The caveat, Pohl said, is that they must understand their right to attend and the potential disadvantages of not doing so.

Based on the ruling, the defendants would have the right to submit a waiver request each morning that court convenes, and waivers would cover only that single day. Defendants who change their minds during the day could notify the guard force and attend court if it's possible to get them to the court facility after they make their request.

Mohammed, with a red, henna-dyed beard, wore eyeglasses, white robes, a black vest and white headpiece, sat with his defense counsel in the front row of the courtroom. His co-defendants, also dressed in white, sat quietly behind him, one in each row.

All five defendants were captured in Pakistan in 2002 and 2003 and have been confined at Guantanamo Bay since 2006.

They were charged during their arraignment in May with terrorism, conspiracy, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, murder in violation of the law of war, destruction of property in violation of the law of war, hijacking or hazarding a vessel or aircraft.

Although none answered Pohl's questions during the arraignment in May, the defendants showed more signs of cooperation today. Each responded affirmatively when Pohl asked them individually to confirm that they understood his ruling. Mohammed responded, "Yes, but I don't think there's any justice in this court."

Some of the defendants asked questions to clarify the ruling, and Binalshibh raised concerns about guards who might intentionally misrepresent a defendant's intentions. Several of the accused seemed to be puzzled or even amused when Pohl asked if they understood that their trials would proceed even in the unlikely event that they were no longer in U.S. custody at the time, such as in the event of an escape.

During discussions that dominated today's session, Army Brig. Gen. Mark S. Martins, chief prosecutor in the Office of Military Commissions, argued that the defendants should be required to attend court proceedings, particularly in a capital case. Martins cited legal precedent, saying the accused have the explicit right to be present as their cases are presented, but not necessarily the right to be absent. "Apathy or disdain for the proceedings does not qualify as good cause [for absence]," he said.

James Harrington, Binalshibh's "learned counsel" who is experienced in handling death-penalty cases, disagreed. Harrington said defendants should be able to skip court as long as they acknowledge they have voluntarily waived their right to attend and understand that their cases could suffer as a result. Denying their request not to participate in the legal process could, in fact, violate their constitutional rights, he said.

James Connell, Abdul Aziz Ali's learned counsel, echoed that argument, noting that defendants who don't want to attend court can get removed by disrupting the proceedings. In this case, they are removed from the courtroom to individual holding cells, where the proceedings are piped in through closed-circuit TV. This, Connell said, amounts to a "waiver by conduct."

In other developments during today's hearing, Hawsawi requested additional legal representation through an interpreter. His counsel, Navy Cmdr. Walter Ruiz, a Navy reservist with experience in capital cases, requested Navy Cmdr. Suzanne Lachelier as a "resource counsel" to support his legal defense.

Lachelier previously represented bin al Shibh, which Pohl noted could cause a conflict of interest as the two defendants' cases move forward. Both of the accused agreed to waive any objections.

In another motion filed today, Cheryl Bormann, bin Attash's learned counsel, asked for a larger workspace and more resources for his eight-person defense team. A second work area the team had been using was plagued by rodents and mold, but has since been sanitized and declared useable by engineers and industrial health officials at the base, officials said. However, Bormann told Pohl the space is making her staff sick.

The motion hearings originally were slated to begin in August, but were postponed when Tropical Storm Isaac forced the commander to order nonessential personnel to evacuate the base. The proceedings already had been delayed a day after a coal-train derailment near Baltimore damaged fiber-optic lines that carry Internet traffic to and from Guantanamo Bay, including the defense and prosecution teams there.

Pohl said he plans to conduct additional hearings with one-week sessions beginning in December and continuing one per month through March. The tribunals are expected to begin sometime next year.

This week's proceedings are being broadcast via closed-circuit television to a media center here.

Five family members who lost loved ones in the 9/11 attacks were selected by lottery to attend the proceedings at Guantanamo Bay, as well as five support people to accompany them, officials said. Other families have been invited to watch via closed-circuit TV at Fort Meade, Fort Dix, N.J., Fort Devens, Mass., and Fort Hamilton, N.Y. However, only four family members accepted the invitation, and are watching at Fort Hamilton.

Spectators in the courtroom are sitting behind soundproof glass, and the proceedings are being rebroadcast with a 40-second delay to ensure classified information is not inadvertently revealed.

U.S. Navy Honors Sailors Killed, Injured in USS Cole Attack

By Donna Miles American Forces Press Service

WASHINGTON, Oct. 12, 2010 - Navy officials, current and former crew members and families of the fallen gathered today at Norfolk Naval Station, Va., to remember the 17 sailors killed and 39 others wounded in the al-Qaida attack on the USS Cole 10 years ago today.

(The U.S. Navy photo above of the guided-missile destroyer USS Cole is by Petty Officer 2nd Class William Pittman).

Suicide bombers launched the surprise Oct. 12, 2000, attack on the Arleigh Burke-class, Aegis-equipped guided missile destroyer as it was anchored in Aden, Yemen, for a routine refueling stop. The attackers detonated an explosive-laden boat against the ship's port side, tearing a 40-by-40-foot hole in the hull and sending seawater gushing into the engineering compartment.

The attack was the deadliest assault against a U.S. naval vessel since the Iraqis attacked the USS Stark on May 17, 1987.

Retired Navy Cmdr. Kirk Lippold, the Cole's commander during the attack, recalled the impact of the blast.

"There was a thunderous explosion. You could feel all 505 feet and 8,400 tons of guided missile destroyer violently thrust up and to the right," Lippold said during a recent radio interview. "Lights went out, and within a matter of seconds, I knew we'd been attacked."

During today's ceremonies, Navy Adm. J.C. Harvey Jr., commander of USS Fleet Command, saluted the Cole crewmembers' quick response and valor as they fought to keep the ship afloat and tended to the wounded while defending against a feared follow-on attack.

Harvey said the attack underscores the importance of always being trained and prepared, and he praised the sense of vigilance that has been passed down to subsequent USS Cole crews.

After 14 months of upgrades and repairs following the attack, the USS Cole made an overseas deployment in November 2003. The ship later deployed to the Middle East in June 2006.

The USS Cole, which recently returned to its Norfolk homeport after a deployment that took it through the Gulf of Aden, shows no visible evidence of the deadly attack that occurred a decade ago. But below its decks are regular reminders, including a blackened U.S. flag that survived the attack and 17 gold stars that line the ship's "Hall of Heroes" passageway.

As a ship's bells rang 17 times during today's ceremonies, the names of the fallen 17 sailors were read aloud:

* Petty Officer 2nd Class Kenneth Eugene Clodfelter, 21, a hull maintenance technician from Mechanicsville, Va.;

* Chief Petty Officer Richard Costelow, 35, an electronics technician from Morrisville, Pa.;

*Seaman Lakeina Monique Francis, 19, a mess management specialist from Woodleaf, N.C.;

* Seaman Timothy Lee Gauna, 21, an information systems technician from Rice, Texas;

* Seaman Cherone Louis Gunn, 22, a signalman from Rex, Ga.;

* Seaman James Rodrick McDaniels, 19, of Norfolk, Va.;

* Petty Officer 2nd Class Marc Ian Nieto, 24, an engineman from Fond du Lac, Wis.;

* Petty Officer 2nd Class Ronald Scott Owens, 24, an electronics warfare technician from Vero Beach, Fla.;

* Seaman Lakiba Nicole Palmer, 22, of San Diego, Calif.;

* Seaman Joshua Langdon Parlett, 19, an engine room fireman from Churchville, Md.;

* Seaman Patrick Howard Roy, 19, a fireman from Cornwall on Hudson, N.Y.;

* Petty Officer 1st Class Kevin Shawn Rux, 30, an electronic warfare technician from Portland, N.D.;

* Petty Officer 3rd Class Ronchester Manangan Santiago, 22, a mess management specialist from Kingsville, Texas.;

* Petty Officer 2nd Class Timothy Lamont Saunders, 32, an operations specialist from Ringgold, Va.;

* Seaman Gary Graham Swenchonis Jr., 26, a fireman from Rockport, Texas;

* Ensign Andrew Triplett, 31, of Macon, Miss.; and

* Seaman Craig Bryan Wibberley, 19, of Williamsport, Md.