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Questions and Answers on Progress of the 9/11 War Crimes Trial

Sep. 8, 2012 8:00pm
AP: Questions and Answers on Progress of 9/11 War Crimes Trial | September 11

In this courtroom drawing reviewed and approved for release by a US military security official, Khalid Sheikh Mohammed sits in court on May 5, 2012 at the US Naval Base in Guantanamo Bay, Cuba. (Photo: Getty Images)

(AP) — The U.S. is for a second time attempting to prosecute five prisoners held at the Navy base in Guantanamo Bay, Cuba, for planning and aiding the Sept. 11 attacks, charging them with war crimes in a special tribunal for wartime offenses known as a military commission. Here’s an update.

Q: WHO WILL BE ON TRIAL? WHAT ARE THE CHARGES?

A: The main defendant is Khalid Sheikh Mohammed, a self-described terrorist mastermind who came up with the idea of using commercial aircraft to attack the U.S. and set the plan in motion. Mohammed, a Pakistani citizen who grew up in Kuwait and attended college in Greensboro, N.C., has told the U.S. military he was responsible for the Sept. 11 attacks from “A to Z,” as well as about 30 other plots, and said he personally beheaded Wall Street Journal reporter Daniel Pearl.

The four other defendants are all accused of being Mohammed’s underlings and playing more minor roles in the attacks, such as providing money and other assistance to the hijackers.

All five face the same charges, including conspiracy, attacking civilians, terrorism and 2,976 counts of murder in violation of the law of war, one for each official victim of the Sept. 11 attacks at the time the charges were filed. Each of the men could get the death penalty if convicted.

Q: WHAT HAS HAPPENED SO FAR?

A: The five were arraigned in May at the U.S. base in Cuba in a sometimes-unruly 13-hour hearing in which the men appeared to make a concerted effort to delay the proceeding by refusing to respond to questions from the military judge or use the court’s translation system to follow the proceedings in Arabic. They didn’t enter a plea, though Mohammed in the past has indicated he wanted to plead guilty.

Since then, prosecutors and defense lawyers have filed dozens of pretrial motions dealing with a wide range of legal issues, such as the rules for handling classified evidence or what clothing the defendants will be allowed to wear in court. The judge must hold pretrial hearings on many of the motions, but those have been delayed by the challenge of scheduling court appearances for all the attorneys and prosecutors involved in the case, a break for the Muslim holy period of Ramadan, and Tropical Storm Isaac, which forced the military to cancel several days of hearings in August. The government has scheduled another round of pretrial hearings to start Oct. 15.

But there is a long way to go. Many of the unresolved issues are preliminary, and defense lawyers say they have not even received much of the evidence against their clients. If this were a football game, they’d still be on the coin toss.

Q: WHY IS IT TAKING SO LONG TO TRY THEM?

A: The men, all of whom were held in secret CIA “black sites” before being taken to Guantanamo in September 2006, were arraigned the first time in June 2008, a process that was delayed by legal challenges to the military commissions. After that first arraignment, the case bogged down in pretrial hearings until the election of President Barack Obama, who put the case on hold while he tried to move the case to a civilian court in the U.S. as part of a broader plan to close the Guantanamo Bay prison.

Members of Congress opposed holding the case in New York City, or anywhere in the U.S., and blocked the administration from moving any prisoners to the U.S. So the government sent it back to a military commission system that has since been reformed to address criticism that the tribunals were unfair and would allow the use of evidence tainted by harsh treatment that critics call torture.

Q: WHAT HAPPENS NEXT?

A: There are hundreds of motions to be litigated at pretrial hearings. There’s no trial date. One defense lawyer recently predicted the trial is about four years away. The chief military prosecutor, Army Brig. Gen. Mark Martins, has said only that it is “many months” off.

If and when there’s a verdict, it must be reviewed and approved by a Pentagon-legal official known as the Convening Authority. Then, the defendants can appeal to the Court of Military Commission Review, followed by the Court of Appeals for the D.C. Circuit and finally to the Supreme Court. The military has not said how it would carry out any executions.

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Comments (36)

  • cdn1979
    Posted on September 9, 2012 at 7:48pm

    I have two questions that need answering. question 1. Since catching these five guys, how much money was spent on their detention? Question 2. We all know they are going to be executed. why are they still alive? the trials are not open to the public. say they plead guilty and sentence them right away to death. save’s everyone a lot of money.

    Report this comment

    cdn1979  
  • StronzateDiDestra
    Posted on September 9, 2012 at 7:26pm

    End the “terrorism” lunacy, and cut the most wasteful spending of all our wasted $

    We should put all the detainees from Guantanamo in civilian courts in the U.S.

    It will give us a chance to free ourselves from the dim-witted seize that the incredibly incestuous, mutually admiring little clique of fear mongering “terrorism experts” in and around Washington has been allowed put on us. We must end the ridiculously exaggerated sense of danger that seems to have been internalized by the public.

    Facts:
    Number of American civilians who died worldwide in terrorist attacks last year: 8
    Number who died after being struck by lightning: 29.
    That’s the threat in the name of which a vast domestic Security State is constructed, wars and other attacks are and continue to be launched, and trillions of dollars are transferred to the private security and defense contracting industry.

    A decade’s worth of fear-mongering has altered the mindset of the American citizenry. People seem to be suffering from some kind of chronic anxiety about terrorism.

    Fact:
    The chances of anyone of us dying in a terrorist attack are in the range of 1 in 80,000, or about the same chance of being killed by a meteor.

    Apply common sence to the issue of terrorism now. Before long the extraordinarily exaggerated and essentially delusional response, the domestic and international so-called “war on terror”, may prove to be perpetual.

    Fact:
    Terrorism does not pose a serious threat

    Report this comment

    StronzateDiDestra  
  • The_Jerk
    Posted on September 9, 2012 at 12:48pm

    Are we going to prosecute the Pakistani intelligence officers who paid the 9/11 hijackers?

    Report this comment

    The_Jerk  
  • MCDAVE
    Posted on September 9, 2012 at 12:17pm

    It will not surprise me if Obama gives these terrorist a pardon over a holiday weekend before he leaves office.

    Report this comment

    MCDAVE  
  • KINGRUDDY
    Posted on September 9, 2012 at 12:09pm

    This is how Curious George leads our nation! This Administation has no clue, make ourselves look like Politically Correct morons.
    WWII war criminals were tried within 2 years and this has been 11 years.
    Scary, the useful idots are on the top of our decision ladder. SCARY!!!!
    Wake up America!!!

    Report this comment

    KINGRUDDY  
  • ktmrider1
    Posted on September 9, 2012 at 11:27am

    I have a question. why arent all the enemys of ameica that are captured put before a firing squad and disposed of imediatly?

    Report this comment

    ktmrider1  
    • db321
      Posted on September 9, 2012 at 2:40pm

      Why you ask! Go watch 2016 The Movie and stop asking dumb question.

      Sometime between Nov 2012 and 2016 you and every other American WILL be asked to spit in God face and follow Mohammed. The Bible told us this would happen, it is happening and you want to ask why. I suggest you not ask why when you to denounce your faith for Sharia.

      If you have to ask then you will accept Sharia. On the other hand, people like me that have read the Bible and were not fooled by Obama’s Change for America BS, knows exactly what we are going to do when asked to starve, be executed or except Mohammed. I am going to spit in the face of the person asking me and then open up a can of Whoop AZZ on him and anyone I can.

      You see, Obama, Satan and the Muslim Brotherhood can never offer me anything better than what God has and I will not let my vote, support or actions ever get in the way of what God has promised those that believe in him.

      I feel like I am watching a garage sale vote, where people are selling eternity for food stamps, Birth Control and Welfare. I have News for you hypocrite Christians, Welfare and food stamp will be around long after Obama leaves office, but your spot in eternity may be gone.

      Report this comment

      db321  
  • sizzlinsexybeckster
    Posted on September 9, 2012 at 8:32am

    This is more than rude and disrespectful towards the Americans and this whole country as a nation. This should have been over within a couple weeks, at month at most. This is insane and rude. “a break for the Muslim holy period of Ramadan… which forced the military to cancel several days of hearings” The victims didn’t get a choice in their deaths. They didn’t get a “holiday period.” More disrespect and rudeness. The tragedy site was left a mess years later for survivors who worked downtown to view everyday. Memorial signs in memorandum listing the loss of human life and statues were left in the basement of a building and for years was NOT ALLOWED by our own government to be displayed to the public or placed at this site… and may still be sitting there collecting dust. I was going to drive from out of state to help find victims and help pass out sandwiches and bags of cookies to our working fellow man, but my car was dead and I had no way to get there. The victims on those planes and in those buildings, among ones currently helping out in the streets did not have a chance and perished instantly and some jumping off sides of buildings or suffocated and the TERRORISTS GET A HOLIDAY AND STILL ALLOWED TO LIVE OVER 10 YEARS LATER. They will be freed in the end.This is more than rude and insulting. And to top it off they show these incidents on t.v. last night rudely flooded with lame commercials as if it happened not in our lifetimes.

    Report this comment

    sizzlinsexybeckster  
  • thecrow
    Posted on September 9, 2012 at 8:26am

    Maybe KSM will bribe the tribunal with this $100 million:

    http://pulverizedtonearpower.wordpress.com/2012/07/12/pulverized-to-near-power/

    Report this comment

    thecrow  
  • Frodo RinosBane
    Posted on September 9, 2012 at 2:31am

    Please, oh please, won’t somebody start slipping these guys female hormones in their food?

    Report this comment

    Frodo RinosBane  
  • TelepromoterNChief
    Posted on September 9, 2012 at 1:05am

    If you want job security for the ext thirty years, look no further than to get involved in the legal process.

    Report this comment

    TelepromoterNChief  
    • sillyfreshness
      Posted on September 9, 2012 at 1:28am

      This has to be the longest trial in history. Eleven years later and the suspects are still being prosecuted. Shows that this “war” is more a back burner charade and the real war is on white, middle class, white Americans.

      Report this comment

      sillyfreshness  
  • Chrison
    Posted on September 8, 2012 at 11:01pm

    Anyone who wants more info on this subject, including how Obama has hurt America’s security, should read this book:

    http://www.amazon.com/Courting-Disaster-America-Barack-Inviting/dp/B0057D8TN0/ref=sr_1_1?s=books&ie=UTF8&qid=1347159563&sr=1-1&keywords=courting+disaster

    Report this comment

    Chrison  
  • WAKEUPUSA2012
    Posted on September 8, 2012 at 10:55pm

    911 was a inside job.

    http://www.youtube.com/watch?v=yu00AGWQl1g&feature=player_embedded

    Report this comment

    WAKEUPUSA2012  
  • whatthecrazy
    Posted on September 8, 2012 at 10:27pm

    Why are they still breathing?

    Report this comment

    whatthecrazy  
  • chips1
    Posted on September 8, 2012 at 9:37pm

    If it takes this long, shouldn’t they at least get started on Obama’s trial?

    Report this comment

    chips1  
  • BlackCrow
    Posted on September 8, 2012 at 9:33pm

    The Second World War in Europe ended in May 1945. The Nuremberg Trials began in October 1945. The trial lasted 218 days and the guilty were executed in October 1946. How far have we sank.

    Report this comment

    BlackCrow  
  • v15
    Posted on September 8, 2012 at 8:58pm

    “All five face the same charges, including conspiracy, attacking civilians, terrorism and 2,976 counts of murder in violation of the law of war, one for each official victim of the Sept. 11 attacks at the time the charges were filed. Each of the men could get the death penalty if convicted”

    Charged with 2,976 counts of murder and, if convicted, they “COULD (as in maybe?) get the death penalty?” How about they WILL get the death penalty if convicted? Our country has gone too soft and liberal if we have to ask “Should they get the death penalty?” over a man that said he beheaded a journalist as well as planning out & orchestrating the largest terrorist attack on US soil.

    Report this comment

    v15  
    • Snowleopard {gallery of cat folks}
      Posted on September 8, 2012 at 9:32pm

      These five were directly or indirectly responsible on that day for the loss of my fiance; I feel they should have been shoved out of the back of the airplane that brought them to guantanamo in the first place. It would be no matter of concern to me – especially if somehow they get tossed to a pen full of swine.

      Report this comment

      Snowleopard {gallery of cat folks}  
    • chips1
      Posted on September 8, 2012 at 10:02pm

      SNOW:
      It worked in NAM.

      Report this comment

      chips1  
  • AllAmericanGirl22
    Posted on September 8, 2012 at 8:30pm

    This is just disgusting. What is stopping them from convicting these evil people. They killed 3,000 innocent people! They do not deserve a court hearing, the do not deserve a lawyer, and they do not deserve a trial. They are not American citizens, they are murderers. I was watch 9/11 footage last night and it makes me so mad that 11 years later there has been no justice for the families that must be hurting so terribly.

    Report this comment

    AllAmericanGirl22  
  • 13th Imam
    Posted on September 8, 2012 at 8:29pm

    Which one of our resident trolls is gonna be the first to ask about Bush, and Cheney and Rummy?

    Report this comment

    13th Imam  
  • David, the Constitutional Libertarian
    Posted on September 8, 2012 at 8:24pm

    Reason behind delays? The lawyers need to make millions off of this, gotta pay the lawyers.

    Report this comment

    David, the Constitutional Libertarian  
  • blackyb
    Posted on September 8, 2012 at 8:21pm

    Yes, feeding them to the pigs sounds good, but they should have already done it.

    Report this comment

    blackyb  
  • bhink73
    Posted on September 8, 2012 at 8:10pm

    Anyone ever see “The red dragon” the third series of “the silence of the lambs”? Feed them to the pigs and make it pay per view!

    Report this comment

    bhink73  
    • blackyb
      Posted on September 8, 2012 at 8:25pm

      That was one good show. Lol.

      Report this comment

      blackyb  
    • The_Cabrito_Goat
      Posted on September 8, 2012 at 8:40pm

      Silence of the lambs was the second installment of the Red Dragon book series, actually

      Report this comment

      The_Cabrito_Goat  
    • v15
      Posted on September 8, 2012 at 9:20pm

      Pay-per-view where all proceeds go to turning the Middle East into a glass parking lot.

      Report this comment

      v15  
  • Psychosis
    Posted on September 8, 2012 at 8:06pm

    they will be either dead or secretly released before this ever gets to trial

    thats why its better to get what you can from them in the field and then send them to allah

    Report this comment

    Psychosis  

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