Navigation
Suscribe
Menu Search Facebook Twitter
Search Close
Menu ALL SECTIONS
  • Capital Coahuila
  • Capital Hidalgo
  • Capital Jalisco
  • Capital Morelos
  • Capital Oaxaca
  • Capital Puebla
  • Capital Quintana Roo
  • Capital Querétaro
  • Capital Veracruz
  • Capital México
  • Capital Michoacán
  • Capital Mujer
  • Reporte Índigo
  • Estadio Deportes
  • The News
  • Efekto
  • Diario DF
  • Capital Edo. de Méx.
  • Green TV
  • Revista Cambio
Radio Capital
Pirata FM
Capital Máxima
Capital FM
Digital
Prensa
Radio
TV
X
Newsletter
Facebook Twitter
X Welcome! Subscribe to our newsletter and receive news, data, statistical and exclusive promotions for subscribers
World

Removal of Judge, Prosecutors Sought in Guantanamo 9/11 Case

The complexity stems in large part from the fact that the defendants were held in secret CIA prisons, known as black sites, and subjected to harsh interrogations now widely considered torture

A sketch by courtroom artist Janet Hamlin, reviewed by the U.S. Department of Defense, shows self-proclaimed terrorist mastermind Khalid Sheikh Mohammed unfurling a prayer rug during a break in the proceedings of the pretrial hearings at the Guantanamo Bay U.S. Naval Base in Cuba, photo: AP/Janet Hamlin, Pool
2 years ago

MIAMI — The military judge and the entire prosecution team in the Sept. 11 war crimes trial should be removed from the case because important classified evidence that would have been helpful to the defense was destroyed, lawyers for the lead defendant said Wednesday.

Lawyers for Khalid Shaikh Mohammad also said the proceedings, which have dragged on for years in the pretrial stage at the U.S. base at Guantanamo Bay, Cuba, should be put on permanent hold because of what they portrayed as a serious breach of the defendants’ constitutional rights in the death penalty case.

In this undated file photo downloaded from the Arabic language Internet site www.muslm.net and purporting to show a man identified by the Internet site as Khalid Shaik Mohammed, the accused mastermind of the Sep. 11 attacks, is seen in detention at Guantanamo Bay, Cuba. Photo: AP/www.muslm.net, File

In this undated file photo downloaded from the Arabic language Internet site www.muslm.net and purporting to show a man identified by the Internet site as Khalid Shaik Mohammed, the accused mastermind of the Sep. 11 attacks, is seen in detention at Guantanamo Bay, Cuba. Photo: AP/www.muslm.net, File

The lawyers, civilian David Nevin and Marine Corp. Maj. Derek Poteet, declined in a conference call with reporters to reveal the nature of the evidence or to describe it in anything but the vaguest of terms to avoid violating rules for the handling of classified evidence.

They said that the judge had previously directed the government to preserve the evidence and then allowed it to be destroyed without notifying the defense lawyers, who learned about it last month.

“This is an extremely significant situation,” Nevin said. “I believe you have the defense being misled.”

Nevin and Poteet filed a motion for the dismissal of the prosecutors and recusal of the judge on Tuesday but the document has to undergo a security review and has not been released. The chief prosecutor, Army Brig. Gen. Mark Martins, said he was unable to comment on a matter before the court.

Prosecutors have two weeks to file a response to the defense motion and the issue is not on the docket for the next pretrial hearing, scheduled to start May 30 and run for five days.

There have been repeated attempts by the defense to halt, or “abate” in legal terms, a case that has been plagued by legal and logistical challenges. The Obama administration sought at one point to move the case to civilian court in the U.S. but withdrew in the face of intense political opposition.

Mohammad and four co-defendants face charges that include nearly 3,000 counts of murder in violation of the laws of war and terrorism for their alleged roles in planning and helping to carry out the Sept. 11, 2001, hijacking plot. They are being tried by military commission, a system that combines elements of the civilian and military legal systems in what officials have described as the most complex and expensive legal proceeding in U.S. history.

That complexity stems in large part from the fact that Mohammad and his co-defendants were held in secret CIA prisons, known as black sites, and subjected to harsh interrogations that are now widely considered to have amounted to torture. Many of the details of the CIA interrogation program remain classified as is much of the evidence in the case, requiring the defense lawyers to hold top security clearances and to abide by strict rules for handling the material.

Pohl issued an order in December 2013 for the government to preserve overseas detention facilities, prompting speculation among journalists that the destroyed evidence is related to that subject. Lawyers for Mohammad, however, refused to comment.

BEN FOX

Comments Whatsapp Twitter Facebook Share
More From The News
Business

Female workers sue McCormick & Schmick's ...

2 days ago
Entertainment

Trump says female senator 'would do anyt ...

2 days ago
Science

Paris hosts major climate summit _ and i ...

2 days ago
Living

Late-night host Kimmel holds son, pleads ...

3 days ago
Most Popular

French PM says Disputed Labour Bill Open ...

By The Associated Press
Business

New Delivery App Rappi Says It's Not Sel ...

By Caitlin Donohue
Business

Global Stocks Mixed as Investors await T ...

By The Associated Press
Business

Google Agrees to Pay $335 Million in Ita ...

By The Associated Press
Business

General Electric CEO Immelt Stepping Dow ...

By The Associated Press
Business