London Lass
12-09-2008, 04:44 AM
Even 9/11 confessions would not mean swift executions
The 5 terror detainees charged with plotting the 9/11 attacks may have tried to hasten their martyrdom Monday in a note offering to confess, but legal procedure and the uncertain future of military commissions likely will keep them alive and captive for months, if not years to come, experts said.
By offering to plead guilty, self-proclaimed 9/11 mastermind Khalid Sheikh Mohammed and his co-defendants appear to be trying to avoid lengthy military commission trials in Guantanamo Bay.
Mohammed and two other men said in June they wanted to die as martyrs for the attacks.
"I think they would like to be executed, and be executed sooner than later," said Eugene Fidell, who teaches military law at Yale Law School. "But they are not going to be able to shortcut the entire process."
Before the death sentence that prosecutors are seeking could be carried out, they would have to go through at least 2 levels of review - including approval by the president, who by that time would be Barack Obama.
Then, executions could happen only if Obama decides to continue the tribunals. During his presidential campaign, he vowed to close Guantanamo and talked of trying detainees before a U.S. criminal court or military court martial.
Since being established by President George W. Bush in November 2001, the military commissions have been subjected to legal challenges and much criticism of their procedures.
After the surprise note became public at the first hearing witnessed by relatives of 911 victims yesterday, both the judge and defendants appeared uncertain about what will happen next.
In what was to be a routine pretrial hearing, the judge, Army Col. Steven Henley, said he had gotten the note written Nov. 4 by the defendants, and read it aloud:
"We all 5 have agreed to request from the commission an immediate hearing session in order to announce our confessions."
The note said they wanted to drop all pending challenges filed by their military-appointed lawyers, whom they do not trust and have tried to fire.
But when Henley asked each man if he were ready to plead guilty yesterday, Mohammed, Ali Abdul Aziz Ali and Walid Bin Attash said they would wait for the competency hearings of defendants Ramzi Binalshibh and Mustafa al Hawsawi.
Henley then asked prosecutors and defense attorneys to file papers on whether the military commission can "accept a plea of guilty to a capital offense."
He also asked whether such pleas would preclude the death penalty because a unanimous military commission jury did not set the capital sentence.
Henley set a Jan. 4 deadline for both sides to file.
Critics said yesterday that the incident highlighted the tribunal's continuing troubles.
"Neither the military judge nor the accused are clear about how these proceedings will move forward," said ACLU executive director Anthony Romero. "The only solution is to shut the military commissions down and start from scratch."
But the prospect of more delays or a new system granting more procedural safeguards also frustrated others.
Maureen Santora of Long Island City, whose son was killed in the attacks, was at the hearing in Guantanamo and told a reporter, "These are just hateful individuals in every way."
Rep. Peter King (R-Seaford), who represents many constituents affected by 911, said Mohammed and the others should get their wish.
"If they want to willingly plead guilty, they should be allowed to plead guilty, but they should get the death penalty," said King. "It should be carried out as quickly as possible."
(source: Newsday)
http://people.smu.edu/rhalperi/updates.html
The 5 terror detainees charged with plotting the 9/11 attacks may have tried to hasten their martyrdom Monday in a note offering to confess, but legal procedure and the uncertain future of military commissions likely will keep them alive and captive for months, if not years to come, experts said.
By offering to plead guilty, self-proclaimed 9/11 mastermind Khalid Sheikh Mohammed and his co-defendants appear to be trying to avoid lengthy military commission trials in Guantanamo Bay.
Mohammed and two other men said in June they wanted to die as martyrs for the attacks.
"I think they would like to be executed, and be executed sooner than later," said Eugene Fidell, who teaches military law at Yale Law School. "But they are not going to be able to shortcut the entire process."
Before the death sentence that prosecutors are seeking could be carried out, they would have to go through at least 2 levels of review - including approval by the president, who by that time would be Barack Obama.
Then, executions could happen only if Obama decides to continue the tribunals. During his presidential campaign, he vowed to close Guantanamo and talked of trying detainees before a U.S. criminal court or military court martial.
Since being established by President George W. Bush in November 2001, the military commissions have been subjected to legal challenges and much criticism of their procedures.
After the surprise note became public at the first hearing witnessed by relatives of 911 victims yesterday, both the judge and defendants appeared uncertain about what will happen next.
In what was to be a routine pretrial hearing, the judge, Army Col. Steven Henley, said he had gotten the note written Nov. 4 by the defendants, and read it aloud:
"We all 5 have agreed to request from the commission an immediate hearing session in order to announce our confessions."
The note said they wanted to drop all pending challenges filed by their military-appointed lawyers, whom they do not trust and have tried to fire.
But when Henley asked each man if he were ready to plead guilty yesterday, Mohammed, Ali Abdul Aziz Ali and Walid Bin Attash said they would wait for the competency hearings of defendants Ramzi Binalshibh and Mustafa al Hawsawi.
Henley then asked prosecutors and defense attorneys to file papers on whether the military commission can "accept a plea of guilty to a capital offense."
He also asked whether such pleas would preclude the death penalty because a unanimous military commission jury did not set the capital sentence.
Henley set a Jan. 4 deadline for both sides to file.
Critics said yesterday that the incident highlighted the tribunal's continuing troubles.
"Neither the military judge nor the accused are clear about how these proceedings will move forward," said ACLU executive director Anthony Romero. "The only solution is to shut the military commissions down and start from scratch."
But the prospect of more delays or a new system granting more procedural safeguards also frustrated others.
Maureen Santora of Long Island City, whose son was killed in the attacks, was at the hearing in Guantanamo and told a reporter, "These are just hateful individuals in every way."
Rep. Peter King (R-Seaford), who represents many constituents affected by 911, said Mohammed and the others should get their wish.
"If they want to willingly plead guilty, they should be allowed to plead guilty, but they should get the death penalty," said King. "It should be carried out as quickly as possible."
(source: Newsday)
http://people.smu.edu/rhalperi/updates.html