Guantánamo

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Pentagon to beam war crimes trials to US soil

 

The next war crimes trial prosecutor is pledging Guantánamo-to-US transmissions from the military commissions compound in remote Cuba

crosenberg@miamiherald.com

The Obama administration’s handpicked choice to run prosecutions at the Guantánamo war crimes court is pledging a new era of transparency from the remote base, complete with near simultaneous transmissions of the proceedings to victims and reporters on U.S. soil.

Army Brig. Gen. Mark Martins made the disclosure in a profile published Sunday in the Weekly Standard that likened the West Point, Oxford and Harvard Law graduate to a James Bond-style problem solver. It also cast Martins as “The Rebrander” of the at-times denounced military commissions system, which Barack Obama scorned as a candidate and senator then reformed with Congress as president.

The 51-year-old Army lawyer finishing up two years in Afghanistan starts the job of Chief Prosecutor for Military Commissions on Oct. 3, according to a Pentagon spokesman, Dave Oten.

Two death penalty cases are already in the pipeline: That of the alleged architect of the 2000 suicide bombing of the USS Cole off Yemen that killed 17 sailors, and that of the five alleged 9/11 plotters accused of the mass murder.

The trials are certain to garner international scrutiny on the crude court complex built on an abandoned airfield. Now, even before he has started his job, the general told the influential conservative journal that the war court where he prosecutes will “feature new measures to ensure transparency, including a venue enabling victims and media to observe proceedings near-real-time in the continental United States.”

They won’t be live because the feeds will be broadcast on a “40-second delay to ensure safeguarding of national security information.” At the maximum-security complex inside Camp Justice, that has meant a security officer can, and has, hit a white noise button to muffle testimony if someone suspects secret or sensitive information is about to be divulged.

If implemented, the new system would be vastly different from the one that has been in place for previous Guantánamo proceedings. In those cases, reporters and other spectators were required to fly to Guantánamo on specially arranged Pentagon flights. While there, reporters faced strict limitations on where they could go and what they could report, and the limitations and expense helped cut the number of news organizations covering events there.

Even with transmissions to the the U.S., coverage of what goes on at the tribunals will be limited. The six alleged al Qaida terrorists accused in the 9/11 attacks spent years in CIA custody at secret overseas sites before they arrived at Guantánamo in September 2006. Two of the accused were waterboarded and all were subjected to other Bush administration approved “enhanced interrogation techniques” that the Obama White House now bans.

The CIA still forbids the public to hear what they did and where they did it, even when captives have described their treatment at pre-trial proceedings. The process also shields the identities of CIA agents and contractors who carried out interrogations.

There is no indication that the transmissions will be available for broadcast by television networks in the United States.

The Weekly Standard piece, which was distributed Sunday on a Pentagon electronic bulletin board, described Martins and the new CIA chief, retired Army Gen. David Petraeus, as “good buddies.” Martins had been Petraeus' legal adviser in Iraq, and Petraeus is quoted as calling the Army lawyer “truly impressive,” “uniquely situated to such a critical mission” and one who “believes in military commissions being responsible, effective institutions within our larger system of national security institutions.”

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