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9/11 Commission Shield

Planned Guantánamo Trials Deny 9/11 Defendants Basic Rights

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Between The Lines
For The Week Ending Feb. 29, 2008
Posted Feb. 20, 2008

LISTEN to this week’s entire program/view the program summary.
Click here for downloadable or streaming audio, and more information.

Planned Guantánamo Trials Deny
9/11 Defendants Basic Rights

Interview with Marjorie Cohn, president of the National Lawyers Guild,
conducted by Scott Harris

On Feb. 11, the Bush administration announced it would charge six detainees
held at the U.S. prison camp at Guantánamo Bay Naval Base in Cuba, alleged to
be involved in the planning of the September 11 terrorist attacks. Among those
being charged are Khalid Sheikh Mohammed, the purported mastermind of the 9/11
conspiracy. This is the first set of charges brought by U.S. authorities against
Guantánamo detainees that related directly to involvement in the Sept. 11 attacks.

These trials will be conducted under the rules outlined in the Military Commissions
Act passed in 2006 by the Republican-controlled Congress in response to the
U.S. Supreme Court ruling that the original Bush trial procedures at Guantánamo
were unconstitutional.

Although the Military Commissions Act forbids the admission of evidence extracted
by torture, it permits evidence obtained by cruel, inhuman or degrading treatment
if it was secured before Dec. 30, 2005. Thus, the Bush administration’s refusal
to declare waterboarding as an act of torture will be a key issue in these trials.
Other procedures criticized allow a trial to proceed in the absence of the accused,
places the power to appoint judges in the hands of the Secretary of Defense,
permits the introduction of hearsay and evidence obtained without a warrant,
and denies the accused the right to see all of the evidence against them. Between
The Lines’ Scott Harris spoke with Marjorie Cohn, president of the National
Lawyers Guild, and professor at Thomas Jefferson School of Law, who assesses
the legitimacy and fairness of the trials planned for these six Guantánamo detainees.

Marjorie Cohn is author of "Cowboy Republic: Six Ways the Bush Gang
Has Defied the Law
." Contact the Laywers Guild at (212) 627-2656 or
visit their website at NLG.org.
Read professor Cohn’s articles online at her website MarjorieCohn.com.