Mohammed’s experience as a prisoner of what he called the “international gulag archipelago of torture chambers” from March 2003 to September 2006. black site program - and the psychologists’ role in it - to guide their questioning of the men, based on Mr. Sowards, said his team needed the defendant in court to hear secret evidence about the C.I.A. Major Hall accused defense lawyers of engaging in “graymail,” essentially arguing that, in order to achieve a fair trial, the government had to choose between disclosing state secrets or being sanctioned by the judge, possibly including a dismissal of the case. He added that previous military judges had excluded the defendants from classified pretrial hearings for the past seven years, and urged Colonel McCall not to deviate from that practice. He cited just one exception - an accused terrorist can hear the classified information if it is something that the accused terrorist said. Hall of the Air Force, said a person must have a security clearance to attend a classified war court session, meaning both the public and the defendants are barred. still retains certain secrets about its overseas black site program, which began in 2002 and ended in 2009.Ī prosecutor, Maj. Prosecutors argue national security is at stake because the C.I.A.
No date for that session has been set.ĭefense lawyers also argue that, because this is a death penalty case, the defendants are entitled to greater protections, including the right to attend secret testimony about which they might have knowledge. Mitchell returns to the court to testify in a closed national security session. In the short term, the question is whether Mr. They have asked the judge to exclude the interrogations as the product of systematic U.S. Mohammed would at times sit together and chat while holding hands, as Middle Eastern men sometimes do.ĭefense lawyers argue that the five defendants in the case were still so fearful that they could be tortured again that they told FBI interrogators at Guantánamo Bay what the C.I.A. The psychologist testified that even before Guantánamo, Dr.
KHALID ELEVEN FREE
Mitchell said that the defendants had gained their free will by the time they were questioned by FBI agents at Guantánamo Bay in 2007. Mitchell testified, captives to answer questions on demand.ĭr. prison network in 20 to “condition,” as Dr. Mitchell and John Bruce Jessen, were called to describe their use of “enhanced interrogation techniques” - which included waterboarding, bashing a prisoner’s head into a wall, extreme isolation, sleep deprivation and forced nudity - in a secret overseas C.I.A. The overarching issues are whether admissions that the defendant in this case, Khalid Shaikh Mohammed, made years after the waterboarding were tainted by torture, and whether they can be used as key evidence in an eventual trial. But their return to court to resume testifying has been on hold in part because the judge who heard it abruptly announced his retirement two months later, and in part because the pandemic paralyzed the proceedings for more than 500 days. contractors, began testifying in open court in January 2020. The argument illustrates the on-again, off-again nature of the war crimes proceedings, whose rules generally exclude the defendants from classified testimony in the pretrial phase. 11, 2001, attacks to attend secret testimony by two psychologists who waterboarded him 183 times. GUANTÁNAMO BAY, Cuba - A defense lawyer on Wednesday invoked the bedrock American right to confront one’s accuser as he asked a military judge to permit the accused mastermind of the Sept.
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