Posted on 08/26/2004 2:06:52 PM PDT by 68skylark
GUANTÁNAMO BAY, Cuba, Aug. 26 — A 36-year-old Yemeni on trial here for conspiracy to commit terrorism threw the military commission proceedings into confusion today when he said that he was a member of Al Qaeda and that if he were not allowed to represent himself he would boycott the trial and, if forced to attend, would sit silently in the courtroom.
Ali Hamza Ahmed Sulayman al-Bahlul, who has been charged with being a top aide to Osama bin Laden, conducted through translators a polite but aggressive 30-minute colloquy with the presiding officer of the five-member panel, Col. Peter Brownback III.
Mr. Bahlul attacked the fairness of the process and demanded to serve as his own lawyer. Colonel Brownback, who seemed taken by surprise by Mr. Bahlul's request, first read aloud the rules drafted for the military commissions, which explicitly require a defendant to have a military lawyer. He then said: "So, the answer is that you may not represent yourself." A few minutes later, after Mr. Bahlul said, "You have ruled I cannot serve as my own lawyer," Colonel Brownback said he did not recall saying that. He then ruled that Mr. Bahlul's request would be forwarded to higher authorities in Washington.
In addressing Colonel Brownback, Mr. Bahlul at one point asked not to be interrupted and said that there was no evidence as important as a confession given freely. After saying that everyone in the courtroom and around the globe should know that he was speaking without being forced to do so, he then said: "I am from Al Qaeda. And the relationship between me and Sept. 11——"
At that point he was cut off by Colonel Brownback who apologized for interrupting, but said he wanted to remind his fellow panel members that Mr. Bahlul's statements should not be taken as evidence to be used against him.
When he told Mr. Bahlul he could resume speaking, the defendant did not pick up where he left off and never completed the sentence or thought as to his relationship to the Sept. 11 attacks.
After the session, a Pentagon spokesman told reporters that Colonel Brownback was trying only to protect Mr. Bahlul. There is, however, no protection against self-incrimination in the military commission proceedings.
The day's events raised the possibility that the proceedings specifically established to provide an alternative to the nation's civilian criminal courts for foreigners could become as problem-ridden as the terrorism trial of Zacarias Moussaoui, now tied up in knots in federal court in Virginia. Mr. Moussaoui was initially allowed to represent himself with qualified lawyers acting as standby counsel, but the trial judge eventually ruled the system was not working and ordered him to accept legal representation.
Up until now in the opening week of the first military commissions since the end of World War II, the previous two defendants have spoken sparingly, leaving the argument in the courtroom to their lawyers. Thus the criticism of the system has been heard from the defense lawyers, including those in uniform and the representatives of some human rights groups who have been observing the trial.
But today, Mr. Bahlul voiced many objections about the fairness of the proceedings, noting at one point that under the tribunals rules, he is prevented from seeing evidence to be used against him if Colonel Brownback deems it classified or "protected information."
"I don't think it's fair that the evidence will not be presented," Mr. Bahlul said. "An accused cannot defend himself without seeing evidence himself or through an attorney."
The commission planners had expected to deal with that situation by requiring that a detainee be represented by a military lawyer with security clearance. But Mr. Bahlul was adamant that he would not accept such representation, pointing to the two military lawyers seated beside him and saying, "They do not represent me."
The other principal criticism of civil liberties and human rights groups is that the proceedings are inherently unfair because there is no independent appeals process. All appeals are to military panels and to the secretary of defense.
Mr. Bahlul, who is charged with making a videotape celebrating the bombing of the U.S.S. Cole as a Qaeda recruiting tool, wore a long gray polo shirt and tan pants over his slight frame. He had just shaved off his beard after many months and his face was streaked with white cream to deal with the irritation.
The day's proceedings were also marred by translation difficulties, which have been a chronic problem throughout the week. Translators hired by defense lawyers in the audience provided alternate translations that appeared to make more sense than the choppy version offered by the tribunal's interpreters.
I suspect this sentence just reflects wishful thinking -- I suspect the military court will be able to deal with these mopes with a minimum of problems and confusion once the process gets underway. That won't stop the left from crying and whining that the perps aren't getting enough protections from the evil U. S. military -- but nothing could stop that kind of complaining.
Who needs this crap. Why not just shoot him.
What's the confusion? He said he is (not even "was") a member of al-Qaeda. Guilty. End of trial. Send him back to Yemen, to the custody of the Yemeni government, which will know how to handle him. And hear him wail "Noooooooooo! I want to stay at Guantanamo!" as he's led off for his repatriation trip.
Who is that stupid fool, Colonel Brownback ?
This could be his LAST duty station, I hope!
The old saying that you are promoted to your highest level of INCOMPETENCE is proven again!
I know we'd all like the wheels of justice to turn a little faster. But I think the final outcome will be okay. And in the meantime these terrorists aren't going anywhere.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.