After all, Guantanamo Bay is such an inconvenient location for the media. Saudi-born Abd al-Rahim al-Nashiri, 46, faces the death penalty for allegedly planning and preparing the October 2000 attack on the U.S. Navy destroyer in Yemen’s port of Aden that killed 17 sailors and wounded 40 more. Barack Hussein Obama had this trial cancelled 3 times as he tried to get it moved to civilian court.
HUFFPO GUANTANAMO BAY NAVAL BASE, Cuba — A Saudi charged in the attacks on the USS Cole and a French oil tanker will face a judge after nearly a decade of confinement shrouded in secrecy, first in a network of clandestine CIA prisons and then in a section of Guantanamo considered so sensitive even its location on the base is classified.
Abd al-Rahim al-Nashiri, 46, is to be arraigned before a military judge Wednesday on charges that include murder in violation of the law of war. He could get the death penalty if convicted at a trial that won’t start for months, if not years, because of the expected drawn out legal battle over what evidence can be used against him considering his treatment while in custody.
His lawyers argue a legitimate trial will be impossible, and the death penalty should be out of the question since he was subjected to intense interrogation that included mock executions, threats to his family and the simulated drowning technique known as waterboarding while held at CIA “black sites” overseas.
“By torturing Mr. al-Nashiri and subjecting him to cruel, inhuman and degrading treatment, the United States has forfeited its right to try him and certainly to kill him,” his defense team wrote in one legal motion. “Through the infliction of physical and psychological abuse the government has essentially already killed a man it seized almost 10 years ago.” (Almost doesn’t count, they should have killed him)
Al-Nashiri is the first Guantanamo prisoner to be charged with war crimes that carry a potential death sentence since President Barack Obama took office pledging to close the detention center, an effort thwarted by members of Congress who object to moving the prisoners to the U.S.
Some legal experts have also questioned whether al-Nashiri should be charged with a war crime for the Cole bombing, which occurred before the Sept. 11 attacks and the U.S. declaration of war on al-Qaeda.
Rick Kammen, one of al-Nashiri’s lawyers, said prosecutors have not revealed whether they have any incriminating statements from his client that could be considered voluntary but said anything he told interrogators following nearly four years of CIA detention should be considered questionable.
“The way to think of it is this: People who have been subjected to serious trauma, the trauma doesn’t end at the time the event is over,” he said. (Right, like we care if a Muslim terrorist is traumatized)
Foreign governments and rights groups have condemned waterboarding as torture — and U.S. authorities have since prohibited the practice — but the simulated drowning technique was approved by Justice Department authorities at the time.
Obama tried very hard to make sure this terrorist trial never happened And then Obama comes on the scene with his liberal beliefs in how terrorists should be treated, while he forgot the real victims and their families. He wanted to make sure that the terrorists had a fair trial, and a speedy one too. That the Military Tribunals were not fair, or whatever! So he canceled the trail of Al-Nashiri one month after he was in office.
Then more time passes while we wait and wait for the next date of a possible trial for one of the terrorists. And then his administration announces that they will use the New and Improved Military Tribunals after all. I guess Obama did not think that the Tribunals were “terrorist friendly”. That the terrorists would now stand a much better chance at Obama’s idea of justice in the (Reformed) Tribunals. And then the rumours that Obama was doubting his latest decision again. And now the news that Obama is concerned about the political fallout from a military trial of Al-Nashir. And has therefore canceled the trial again!
And just this past July Obama expressed his gratitude to the Dictator of Yemen in his so called war on Al-Qaeda. ” They(Yemen) are cooperating.” Obama did not mention the fact that Saleh still refuses to send our sons killers back here to America to stand trial. But most Americans are not aware of whats been going on in Yemen. So after some recent failed attacks here in America that were connected to terrorists from Yemen, the administration has gotten all cozy with President Saleh of Yemen, again. Whats so ironic is that this New terrorist cell was made up of ex Gitmo terrorists who were released back to the Saudis for Jihad Rehab. After their rehab they went back to Yemen and starting murdering innocent people again.
Al-Nashiri is accused of hiring and training the al-Qaeda militants, allegedly at the behest of Osama bin Laden, to use an explosive-laden boat to blast a huge crater in the side of the USS Cole, killing 17 sailors and wounding 37 in an attack that brought al-Qaeda to the attention of many Americans for the first time.
He is also accused of setting up the October 2002 bombing of the French supertanker MV Limburg, which killed one crewman, among other offenses. He was captured in 2002 in Dubai and taken to Guantanamo, held by the CIA in a series of secret prisons and sent to Guantanamo in September 2006.
A report by the CIA Inspector General revealed that al-Nashiri was one of the prisoners subjected to “enhanced interrogation techniques,” including two instances of waterboarding, was threatened with a gun and a power drill because interrogators believed he was withholding information about possible attacks against the U.S. (Neither of which is real torture)