In the Courts

Pentagon announces trial of alleged Cole mastermind on new Guantánamo website

 

Similar stories:

crosenberg@miamiherald.com

The Pentagon on Wednesday launched a new website Wednesday aimed at providing up-to-date information about military trials of suspected terrorists at Guantánamo, then used it to announce the first death penalty war crimes prosecution of the Obama administration.

Abd al Rahim al Nashiri, 46, a former Saudi millionaire, is accused of masterminding al Qaida's suicide bombing of a U.S. Navy warship in a Yemeni port a decade ago. His trial will be the first full military commission of the Obama era at a time when the White House is still committed to closing the prison camps. Wednesday, the Pentagon held 171 captives at its base in southeast Cuba, just four of them convicted war criminals.

News organizations have complained for years that the operation of the war court was often shrouded in secrecy and asked the Pentagon last year to begin posting information about military commission filings on the Internet as part of a push for better access to Guantánamo proceedings. That pushed was prompted by the banning of four reporters from military commissions for allegedly violating Pentagon rules. The Pentagon lifted the bans and rewrote its rules after news organizations complained that the bannings were illegal.

Retired Navy Vice Adm. Bruce MacDonald, who oversees the war court, chose to use the new website to announce the Nashiri charges.

But it was unclear whether the website would prove to be as complete as news reporters had hoped. The Nashiri page, however, included only prosecution documents against Nashiri, the alleged al Qaeda chief of Arabian Sea operations. Conspicuously missing was a July 15 filing by Nashiri’s Pentagon defenders claiming that the case was too tainted by delay and CIA torture to go forward.

Nashiri is charged with directing the two suicide bombers who drove a bomb-laden skiff into the USS Cole in October 2000, killing 17 American sailors and crippling the $1.1 billion warship.

“It’s long overdue from my standpoint,” said John Clodfelter of Mechanicsville, Va., whose 21-year-old sailor son Kenneth was killed instantly in the ship’s bulkhead. “It’s just been unreal. Kenneth ... was tore up so horrifically.”

Nashiri is defended by U.S. Navy Lt. Cmdr. Stephen Reyes who said the latest step signaled that it was now “time to see how transparent these trials will be.

“Item No. 1: What happened to my client in CIA custody?”

Some of that has already come out in congressional investigations and documents surfaced through the Freedom of Information Act: While at a secret CIA prison, an agent revved a power drill near the head of a naked, hooded Nashiri, who was also subjected to water boarding, a technique that Attorney General Eric Holder has called torture.

Pentagon lawyers and contractors have spent the summer readying the war court former President George W. Bush created and Barack Obama criticized as a senator then reformed as president. During the week of Sept. 11, MacDonald inspected Guantánamo’s crude tent city and maximum-security court, called Camp Justice.

The Nashiri case will be widely watched both within Navy circles and beyond as a test case of the new court. Pentagon lawyers are still preparing the for capital trial of five former CIA captives accused of conspiring in the Sept. 11 mass murder, chief among them confessed mastermind Khalid Sheik Mohammed.

Read more In the Courts stories from the Miami Herald

  •  

A detainee sits alone inside a fenced area during his daily recreation period at the U.S. Navy base in Guantánamo Bay, Cuba, in this December 2006 file photo. By Guantánamo ground rules, a Defense Department employee reviewed this image in advance of release.

    Judge urges new approach for Guantánamo detainee cases

    A federal appeals court judge Tuesday called on the president and Congress to consider a different approach to the handling of legal cases of Guantánamo Bay prisoners.

  • WikiLeaks trial focuses Army email list

    A huge database of troop names and email addresses an Army private allegedly downloaded to a personal computer could be used by foreign adversaries to launch cyberattacks on service members, a government witness said Monday as the trial of Pfc. Bradley Manning entered its third week.

  •  

Protesters oppose  holding detainees at the military prison in Guantanamo Bay during a demonstration in front of the US Capitol in Washington, DC, on Jan. 11, 2012, the 10th anniversary of the arrival of the first group of detainees to be held at the prison. The protesters marched down Pennsylvania Avenue from the White House, past the US Capitol before finishing up across the street at the US Supreme Court.

    US SUPREME COURT

    Justices reject Padilla, Guantánamo appeals

    The U.S. Supreme Court declined to take up any of seven Guantánamo detainee cases, and also refused to reinstate a lawsuit by former ‘enemy combatant’ Jose Padilla against former Secretary of Defense Donald Rumsfeld

Miami Herald

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

The Miami Herald uses Facebook's commenting system. You need to log in with a Facebook account in order to comment. If you have questions about commenting with your Facebook account, click here.

Have a news tip? You can send it anonymously. Click here to send us your tip - or - consider joining the Public Insight Network and become a source for The Miami Herald and el Nuevo Herald.

Hide Comments

This affects comments on all stories.

Cancel OK

  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category