imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

Guantanamo Show Trial Begins

by Stephen Lendman Thursday, May. 10, 2012 at 9:26 PM
lendmanstephen@sbcglobal.net

injustice

Guantanamo Show Trial Begins

by Stephen Lendman

At issue is prosecuting five 9/11 suspects: Khalid Sheikh Mohammed (KSM: the alleged mastermind), Ramzi bin al-Shibh, Walid bin Attash, Ali Abdul Aziz Ali, and Mustafa al Hawsawi.

Defense lawyer James Connell announced a tentative May 2013 trial date. A scheduled one hasn't been named. Army Brig. General Mark Martins expects months of defense motions delaying it.

"I am getting ready for hundreds of motions because we want them to shoot everything they can shoot at us," he said.

On May 5, their Guantanamo arraignment was held. It took 13 hours. They remained mute. They refused to respond to alleged charges for good reason. Serious questions remain regarding their guilt, including KSM. More on why below.

On April 4, 2011, Attorney General Eric Holder said:

"In November 2009, I announced that (KSM) and four other individuals would stand trial in federal court for their roles in the" 9/11 attacks."

"After consulting with prosecutors from the Department of Justice and Department of Defense and after thoroughly studying the case, it became clear to me that the best venue (was) federal court. I stand by that decision."

Months of inaction let Congress "intervene and impose restrictions blocking the administration from bringing any Guantanamo detainees to trial in the United States, regardless of the venue."

"(T)hose restrictions are unlikely to be repealed in the immediate future. And we simply cannot allow a trial to be delayed any longer....We must bring the conspirators to justice."

On April 4, a Department of Justice press release headlined, "Justice Department Refers Five Accused 9/11 Plotters to Military Commissions," saying:

"As the indictment unsealed today reveals, we were prepared to bring a powerful case against the 9/11 defendants in federal court, and had this case proceeded as planned, I'm confident our justice system would have" prevailed.

A 10 count, 80 page indictment accused them of:

• "conspiracy to commit acts of terrorism transcending national boundaries;

• acts of terrorism transcending national boundaries;

• conspiracy to commit violent acts and destroy aircraft;

• violence on and destruction of aircraft;

• conspiracy to commit aircraft piracy;

• aircraft piracy;

• murder of US officers and employees;

• destruction of property by means of fire and explosives; and

• conspiracy to kill Americans."

At the time, ACLU Director Anthony Romero called Holder's "flip-flop devastating for the rule of law." Military commissions have no legitimacy. They're kangaroo courts, not real ones.

The 2006 Military Commissions Act (MCA) authorized them. Congress enacted sweeping unconstitutional powers to detain, interrogate, and prosecute alleged suspects and collaborators (including US citizens).

They can be tortured and held without evidence (charged or uncharged) indefinitely in military prisons. Habeas and other constitutional protections are denied.

Those charged are guilty by accusation. Presidents have diktat power to try suspects in military commissions or detain them indefinitely uncharged. On March 1, 2003, KSM was arrested in Rawalpindi, Pakistan. Some believe it was a year earlier in Karachi.

Over 10 years later, his trial is tentatively scheduled to begin next year. It may be delayed further. Torture extracted evidence against him and co-defendants will be used. Throughout their detention, they were isolated with no counsel. KSM was horrifically treated.

He was isolated at black sites for over two years. He spent time at Afghanistan's "Dark Prison" near Kabul International Airport. It's infamous for its pitch darkness and brutalizing torture.

He was also held in a facility north of Kabul called the "Salt Pit." One detainee was stripped naked and left chained to the floor in freezing temperatures to die.

In Afghanistan, KSM was hog-tied, stripped naked, hooded, and tortured. He was kept in a prolonged state of sensory deprivation for months. He was waterboarded over 180 times.

He was chained naked to a metal ring in his cell in a painful crouch in intense heat and extreme cold. He was also bombarded with deafening sounds round the clock for weeks.

He was thrown against walls forcefully. The procedure is called walling. At other times, he was suspended from the ceiling by his arms so his toes barely touched the ground.

He was beaten with electric cables and given electric shocks.

He was forced to endure a variety of stress positions for extended periods. Excruciating pain was inflicted.

In 2006, he was sent to Guantanamo where torture continued. His co-defendants received similar treatment. The ICRC said high-level detainees were repeatedly tortured. To extract a confession, KSM was told:

"We're not going to kill you. But we're going to take you to the brink of your death and back."

After years of horrific torture, mistreatment, and deprivation, it's astonishing he's still alive to be tried. Doing so in military courts is scandalous. At issue is their illegitimacy. It's also about using torture extracted evidence.

Torture is prohibited at all times, under all circumstances, with no allowed exceptions. Evidence so obtained is unreliable and inadmissible. Civil courts won't allow it or shouldn't.

According to MCA provisions, it's permitted. Appeals are prohibited. Convictions are certain. Executions will follow. Justice will be denied. The real 9/11 co-conspirators remain free. They're in charge of condemning innocent suspects to death.

Two earlier Supreme Court decisions ruled torture extracted evidence constitutionally inadmissible. In Brown v. Mississippi (February 1936), the court held:

"The rack and torture chamber may not be substituted for the witness stand."

The ruling cited an earlier Fisher v. State (November 1926) High Court decision, stating:

"Coercing the supposed state's criminals into confessions and using such confessions so coerced from them in trials has been the curse of all countries."

"It was the chief iniquity, the crowing infamy of the Star Chamber (the notorious 15 - 17th century English court), and the Inquisition, and other similar institutions."

"The Constitution recognized the evils that lay behind these practices and prohibited them in this country wherever the court is clearly satisfied such violations exist, (and) it will refuse to sanction such violations and will apply the corrective."

In other words, confessions and alleged evidence obtained under torture are unreliable, suspect, and inadmissible. That was then. This is now. KSM and co-defendants face certain unjust convictions.

On May 5, they stayed silent for good reason. Some call their proceedings the "trial of the century." Independent jurists call it a sham.

Defense lawyers raised issues of torture and mistreatment. Military judge Colonel James Pohl dismissed them. Also requests to wear civilian clothes was denied.

Attorney David Nevin said KSM won't address the court. "I believe he's deeply concerned about the fairness of the proceedings."

Lawyers were told earlier they're prohibited from raising torture accusations. They're central to the case but can't be introduced.

Nonetheless, Nevin asked Pohl whether KSM's "treatment during incarceration, which consisted of torture, is appropriate mitigation" for lesser punishment. Pohl declined to answer.

Nevin also asked if he had "any experience with the issue of torture of prisoners?" Pohl refused to use the word torture. He said only that he's been involved in detainee abuse cases after the Abu Ghraib scandal. Several low-level soldiers were prosecuted. Higher-ups ordering their behavior remain uncharged.

Bin Attash's attorney, Cheryl Bormann, said her client was forcibly dragged from his cell to the hearing. Scars on his arms bear testimony. Bin Attash tried removing his shirt to show them. He was ordered to keep it on.

Al-Shibh was the only one to speak. He interrupted an exchange between his lawyer and Pohl with comments on Muammar Gaddafi. When Pohl told him to be quiet, he continued in broken English, saying:

"Maybe they will kill me and say I committed suicide. Maybe you are not going to see me any more. This is the way that we are treated in this camp."

A handful of family members who lost loved ones on 9/11 were chosen by lottery to attend the proceedings. Those of defendants are considered non-persons. KSM and others are guilty before verdicts are rendered.

Long ago justice was compromised in US civil courts. Today, ordinary people haven't a chance. Imagine what's ahead for KSM and co-defendants. Executions will follow convictions.

Given what they've been through with no possibility of freedom, they may yearn for ending their long ordeal.

Between now and then, Washington will make it tough as possible on them. That's how police states operate. On a global scale, America's by far the worst.

Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net.

His new book is titled "How Wall Street Fleeces America: Privatized Banking, Government Collusion and Class War"

http://www.claritypress.com/Lendman.html

Visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.

http://www.progressiveradionetwork.com/the-progressive-news-hour.

Report this post as:

Local News

GUIDE TO REBEL CITY LOS ANGELES AVAILABLE A12 5:39PM

lausd whistle blower A10 11:58PM

Website Upgrade A10 3:02AM

Help KCET and UCLA identify 60s-70s Chicano images A04 1:02PM

UCLA Luskin: Casting Youth Justice in a Different Light A02 11:58AM

Change Links April 2018 A01 11:27AM

Nuclear Shutdown News March 2018 M31 6:57PM

Join The Protest Rally in Glendale on April 10, 2018! M29 7:00PM

Join The Protest Rally in Glendale on April 10, 2018! M29 6:38PM

Spring 2018 National Immigrant Solidarity Network News Alert! M19 2:02PM

Anti-Eviction Mapping Project Shows Shocking Eviction Trends in L.A. M16 5:40PM

Steve Mnuchin video at UCLA released M15 12:34AM

Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Clean Ups M06 12:10PM

After Being Told He's 'Full of Sh*t' at School Event, Mnuchin Demands UCLA Suppress Video M02 11:44AM

Resolution of the Rent Strike in Boyle Heights M01 6:28PM

What Big Brother Knows About You and What You Can Do About It M01 3:30PM

Step Up As LAPD Chief Charlie Beck Steps Down F14 2:44PM

Our House Grief Support Center Hosts 9th Annual Run For Hope, April 29 F13 12:51PM

Don’t let this LA County Probation Department overhaul proposal sit on the shelf F13 11:04AM

Echo Park Residents Sue LA Over Controversial Development F12 8:51AM

Former Signal Hill police officer pleads guilty in road-rage incident in Irvine F09 10:25PM

Calif. Police Accused of 'Collusion' With Neo-Nazis After Release of Court Documents F09 7:14PM

Center for the Study of Political Graphics exhibit on Police Abuse posters F07 9:50AM

City Agrees to Settle Lawsuit Claiming Pasadena Police Officer Had His Sister Falsely Arre F04 3:17PM

Professor's Study Highlights Health Risks of Urban Oil Drilling F04 12:42PM

Claims paid involving Pasadena Police Department 2014 to present F04 10:52AM

Pasadenans - get your license plate reader records from police F03 11:11PM

LA Times Homicide Report F03 1:57PM

More Local News...

Other/Breaking News

Doxa du lobby A25 2:03AM

Tech workers organize A24 6:24PM

Architect Stephen Francis Jones A24 3:01PM

UN Forum Wrestles with Economic Policies 10 Years After Financial Crisis Islands Call for A24 12:34PM

Xyloglossie attitudinale A23 8:07AM

Shadowgun Legends Hack and Cheats A23 7:24AM

What does the Quran Say About Islamic Dress?? A21 4:15PM

Biodiversité ou la nature privatisée A20 11:22AM

The Market is a Universal Totalitarian Religion A20 7:14AM

Book Available about Hispanics and US Civil War by National Park Service A19 5:52PM

The Shortwave Report 04/20/18 Listen Globally! A19 4:01PM

The Republican 'Prolife' Party Is the Party of War, Execution, and Bear Cub Murder A19 11:48AM

Neurogenèse involutive A18 9:21AM

Paraphysique de la dictature étatique A16 10:13AM

Book Review: "The New Bonapartists" A16 3:45AM

The West Must Take the First Steps to Russia A14 12:25PM

Théorie générale de la révolution ou hommage à feu Mikhaïl Bakounine A14 3:30AM

The Shortwave Report 04/13/18 Listen Globally! A12 3:50PM

“Lost in a Dream” Singing Competition Winner to Be Chosen on April 15 for ,000 Prize! A12 3:48PM

The World Dependent on Central Banks A12 4:43AM

Ohio Governor Race: Dennis Kucinich & Richard Cordray Run Against Mike DeWine A11 9:40PM

March 2018 Honduras Coup Again Update A10 10:52PM

Apologie du zadisme insurrectionnel A10 3:33PM

ICE contract with license plate reader company A10 1:14PM

Palimpseste sisyphéen A09 11:23PM

Black Portraiture(S) IV: The Color of Silence...Cuba No...Cambridge Yes A09 5:32AM

Prohibiting Micro-Second Betting on the Exchanges A09 4:18AM

Prosecutors treat Muslims harsher than non-Muslims for the same crimes A08 10:33PM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy