Military judge James Pohl ruled Jan. 19 that no wrongdoing occurred when he authorized the destruction of a CIA secret prison, or "black site," despite the fact that a protection order was in effect on any remains from the CIA black sites. Prosecutors, citing national security powers, obtained permission from the judge to give defense attorneys photographs and a diagram of the site as a substitute for preservation the actual facility. According to Pohl, defense attorneys failed to show that "the physical evidence is of such central importance to an issue that is essential to a fair trial, or that there is no adequate substitute for the physical evidence." According to the Miami Herald [8], from 2002-2006, prisoners at the black site were subjected to waterboarding [9], sexual abuse, and other forms of torture.
The question concerned the admissibility of evidence possibly extracted by torture in the 9-11 case now underway at Guantánamo Bay. Pohl also postponed a pre-trial hearing to determine the admissibility of such evidence.
The 9-11 trials have met with numerous delays. In 2016 Pohl refused [10] to let 9-11 defendant Walid bin Attash [11] fire his entire defense team. In 2015 the Pentagon overturned [11] a rule that would have forced military judges hearing the case to actually relocate to Guantánamo.
From Jurist [12], Jan. 23. Used with permission.
