Guantanamo hearings drag on in scene likely to be repeated
Accused al Qaeda terrorists faced another pretrial hearing last week at the military detention center at Guantanamo, Cuba, in the kind of scene likely to increase dramatically soon.
The hearings for dozens of Guantanamo detainees have dragged on for nearly five years at a cost to taxpayers approaching $1 billion when the price tag of their incarceration is included.
Only eight of the cases have been completed. Three of the convictions were overturned and one partially overturned.
So far, the hearings have been restricted to an offshore military facility in Cuba under the heavy presence of armed guards.
Under a proposal supported by the Obama administration, some of the remaining 59 detainees – and potentially their high-security military commission hearings – could be moved to Colorado and other U.S. mainland sites.
President-elect Donald Trump said he would significantly increase the number of accused terrorists at Guantanamo.
“I like the idea,” Rep. Doug Lamborn, R-CO5, said about incarcerating more accused terrorists. “I think Guantanamo is underused.”
However, he added, “I absolutely disagree with the idea of any of the detainees coming to Colorado or anywhere else in the U.S. for that matter.”
The high cost of the incarcerations for taxpayers would be less per detainee if the number of them is larger, Lamborn told The Colorado Statesman.
The hearing last week provided a sample of the kinds of proceedings likely to play out in greater abundance if Trump succeeds in his pledge for more arrests of suspected terrorists.
Attorneys renewed arguments about whether evidence of CIA torture of their clients can be used to help acquit them on terrorism charges. They also questioned the authority of the military commission to impose criminal liability for what they say were politically motivated acts of war.
The defendants include Khalid Sheikh Mohammed, the accused mastermind of the September 11 attacks. He faces a possible death penalty.
He was captured in 2003 with Mustafa al-Hawsawi, whose hemorrhoids were a significant issue during the hearing last week. Al-Hawsawi is accused of helping to plot and carry out the September 11 attacks.
His attorney, Navy Reserve officer Walter Ruiz, argued that the proceeding against him should be halted because the 48-year-old al-Hawsawi is recovering from rectal surgery to remove the hemorrhoids. He said they resulted from being “sodomized” in CIA custody after he was subjected to excessive force during a rectal examination.
Al-Hawsawi sat on a large pillow during the hearing. His attorney said he was in great pain that made it difficult for him to sit for long periods of time.
The CIA said al-Hawsawi was not sodomized, he was given a “rectal rehydration.” Prosecutors said his surgery was “elective” and that he exaggerated the seriousness of his condition.
Ruiz asked the judge, Army Colonel James L. Pohl, that he be allowed to use an outside expert consultant to review al-Hawsawi’s medical records to determine the seriousness of his condition.
He was compelled to ask the judge’s permission because of a “protective order” Pohl issued four years earlier that forbade the use of consultants unless they were being paid by the government. The protective order was intended to prevent the unauthorized dissemination of classified information.
Pohl acknowledged that he had difficulty remembering the reasoning behind the protective order because he issued it four years earlier.
Ruiz was concerned his client was being denied the benefit of an independent consultant, perhaps resulting in government medical experts who might be biased in favor of the prosecution.
A military transcript of the hearing showed that his disagreement with the judge prompted him to say sarcastically, “Great system, judge, great system.”
Pohl responded, “Mr. Ruiz, watch those kind of comments. You may not like this system, but you won’t disrespect this commission on the record like that. Do you understand me?”
Ruiz said, “Judge, I think this whole commission is disrespectful.”
Pohl said, “I am not asking for your editorial opinion.”
Ruiz said, “It is disrespectful to our flag and it’s disrespectful to our system of justice.”
Pohl said, “Stop.”
Ruiz said, “I think it is…”
Pohl said, “Stop. Sit down. You are done.”
Ruiz said, “I am not done with my cross yet, Judge.”
Pohl said, “You are done for now. Sit down.”
Pohl ruled that the proceeding against al-Hawsawi should continue.
When the hearings last week ended, many issues remained unresolved, creating a certainty other hearings would follow, in Guantanamo or elsewhere. No date is set for the trial of al-Hawsawi or the other remaining Guantanamo detainees.
Discussions by attorneys last week continued themes that remain undecided after years of hearings. They included which documents guards can remove from the detainees’ cells, what evidence can be discussed in open court rather than in closed sessions and whether the defense attorneys were improperly investigated by the FBI and the military.