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Defense lawyers in Guantanamo war tribunals are upset over third party monitoring, document disappearance

They're the men allegedly behind some of the worst terrorist attacks on the U.S.  As work at the Guantanamo Bay prison facility winds down, the Pentagon prepares to hold special war tribunals -- military trials -- for prisoners deemed too dangerous to release.

I. Defense Discovers Documents Delete, Smoke Alarms Were Really Mics

Those prisoners include five men responsible for helping plan the September 11 terrorist attacks.  They also include Abd al Rahim al Nashiri, who masterminded an attack on the USS Cole during its deployment to Yemen, an attack that killed 17 U.S. sailors.

But the pretrial hearings, which were supposed to start this week in some cases may be delayed due to allegations of foul play, according to Reuters.

Smoke alarm
What appeared to be smoke alarms in client meeting rooms were really disguised microphones.
[Image Source: Adeoma]

Defense lawyers for several of the suspects, who face the death penalty say they have evidence that their emails and internet searches were monitored by third parties.  And they say documents involved with the case began to disappear from their assigned Pentagon computers in February.  


Navy Commander Walter Ruiz represents Mustafa al Hawsawi, who is alleged with funneling funding for the 9/11 attacks. Ruiz states, "three to four weeks' worth of work is gone, vanished."

Aside from deletions, there was also evidence that prosecutors ordered system administrators to grant them access to 500,000 files on defense lawyers machines, files which included confidential attorney-client communications.  The Guantanamo detention camp's legal advisor also revealed that device that appeared to be smoke alarms in rooms where defense attorneys met with their clients were really microphones; but don't worry -- he claimed no conversations between the lawyers and their clients were recorded.

II. Human Rights Watchers: Trial "is a Sham"

International human rights watchdog group Human Rights First blasted the latest developments as "absolutely outrageous".  Its expert on the current proceedings -- Daphne Eviatar comments, "This is just further evidence that the military commission system is a sham and that all terrorism trials should be held in real U.S. federal courts on U.S. soil, where the rules are clear, defendants' rights are respected and the verdicts will have credibility."

Guantanamo Bay
Human rights watchers have complained that the Guantanamo Bay proceedings are a sham.
[Image Source: Getty Images]

The issues have been so severe that Colonel Karen Mayberry has advised the defense lawyers to stop storing case documents on Pentagon machines.  James Connell, a defense attorney for Ali Abdul Aziz Ali (aka Ammar al-Baluchi) -- the other alleged 9/11 plot funding funneler -- comments "I'll be filing a handwritten motion very shortly to ask for an abatement of the proceedings."

Given the extraordinary and unusual circumstances Army Colonel James Pohl -- the presiding judge in the trials -- has already delayed the pre-trial hearings of al Nashiri till June and is considering pushing the death penalty trial for the 9/11 conspirators as well.

Until February the preliminary hearings were being broadcast to the public and media via a closed circuit.  But the judge in February ordered those feeds cut, around the same time the alleged harassment of defense lawyers began.

Source: Reuters



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RE: Kill these guys already!!
By Aloonatic on 4/16/2013 2:49:23 AM , Rating: 2
You are missing the point and not looking beyond the end of your historical nose.

The things is, Iraq's may well be glad that US troops freed them from Saddam. The thing is, he was the same Saddam that America and the west supported for so long.. Iraq is a country that has been manipulated by the west, by the British, a long time before Sadam and the USA's involvement too.

The same with Vietnam, and I don't think that America fighting communism there was a bad thing (even though it was a messy affair) but the thing is, who had been meddling there before hand? Yep, the French, another western power interfering for it's own ends, weakening the country for it's own good, then abandoning it when the going got tough.

Iran, a country who's regime we in the west toppled in the past, only to find that it only made matters worse in the long run and (arguably) caused, or at least encourage/added to, the more extreme nature of the current regime.

We like to think that these countries have always been backwards places that needed our "civilising" by cruise missile, but until we came along and weakened regimes for our own ends (as well as to stop the spread of communism, so sometimes with the best of intentions) they were just countries that had a different religion. It wasn't until we came aiong and intefered that things became more polarised and extreme, as they had something to react against.

Many people also forget that one of the main things that Al Qaeda actually wanted was for the USA to close their bases in Saudi Arabia and stop interfering in the region, and not because they support the regimes in the region, because most didn't like Al Qaeda or their ilk either. It's not because they want Sharia law in your home town, as we're often led to believe, it started out that they just didn't want the west interfering any more in their home lands.

And please don't get me wrong. I don't think that everything that the west or the USA has ever done on the global stage is/was evil. The problem is, even when we interfere with the best of intentions, then there are often unexpected consequences and we rarely think about how it must feel to eb living in these countries.

And we do need to get involved sometimes. I'm not saying it's black and white. Always good to get involved, or always bad so we never should. But if we are going to keep on doing what we do and try to police the world, we need to be doing so by maintaining the highest standards, rather than stooping to the terrorists standards and just killing people we capture and say are terrorists without trial, as that will only make our enemies stronger, and put our soldiers at even greater risk too, as well as making use morally weaker too.


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